THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, July 12, 1996 TAG: 9607120457
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY JON FRANK, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: 71 lines
A 24-year-old man was sentenced to four years in prison Thursday morning for shooting to death a 20-year-old last September, an outcome that left the defendant, his family and the victim's family overcome with emotion.
The defendant, Rodolfo Borja Paynado Jr., cried out softly for his mother as sheriff's deputies led him from the courtroom after Circuit Judge Frederick B. Lowe pronounced the sentence.
Moments later, Paynado's aunt became physically ill as she talked about her nephew's prison sentence with dozens of supporters in the courthouse hallway.
And Sharon and Garrie Calhoun Sr., parents of victim Garrie Calhoun Jr., walked silently from the courtroom, too upset to say anything about the loss of their son.
Lowe convicted Paynado of voluntary manslaughter in May for killing Calhoun.
Lowe predicted it would not be the last time that the deadly mixture of weapons and youth would ruin lives.
``As long as young people, for whatever the reason, because it is macho or something, continue to carry handguns around, we are going to continue to have this problem,'' Lowe said moments before sentencing Paynado.
But Garrie Calhoun, the victim's father, also believes that Thursday's proceedings show how unfair Virginia's sentencing guidelines can be. Outside the courtroom, Calhoun cited a recent drug case in Virginia Beach in which a jury sentenced a drug dealer to 90 years in prison.
The punishments, Calhoun said, don't fit the crimes.
``It is not right that a person can be sentenced to 90 years for drugs, and the life of a person only equates to four years,'' he said.
Lowe sentenced Paynado to the maximum allowed under state guidelines for voluntary manslaughter: 10 years in prison. But he suspended six of those years, leaving Paynado only four years to serve. Lowe could have made Paynado serve all 10 years.
That's what Calhoun wanted Lowe to do.
``I don't think this kind of sentence sends a strong message about kids and guns in our community,'' Calhoun said.
Paynado was tried on the charge of first-degree murder, but Lowe convicted him of the lesser charge of voluntary manslaughter.
Calhoun's son was killed when he got caught in the crossfire of a gunfight near Indian River Road and Parkland Lane on the evening of Sept. 1. The gunfight occurred just as a house party that both Paynado and Calhoun had attended was ending.
According to testimony, Paynado was sitting in his car on Parkland, waiting for a green light at Indian River. A friend was in the car behind him. When Paynado saw a man approach his friend and begin punching him through the open car window, Paynado got out of his car to help.
That's where testimony at the trial began to conflict.
Paynado pleaded self-defense, claiming that he went to his car and got his gun when someone fired a weapon at him. Prosecutors presented evidence that Paynado simply began firing at the man punching his friend and into the crowd that was leaving the house where the party had been held.
Calhoun, who was standing next to the man who had started the fight, was the only person hit. About 10 gunshots were fired, about half of them by Paynado. Bullets that struck nearby cars were from at least one other gun, but other guns might have been fired that night. Witnesses testified seeing about 20 guns at the party.
Calhoun, who was struck in the leg and abdomen, lived for about 10 days before dying.
Prosecutor William Monroe said Thursday that he agreed with Lowe's decision to drop the charge from first-degree murder to voluntary manslaughter. ``The way the evidence unfolded, I think that was the correct choice,'' Monroe said. ``But I was disappointed with the sentence.''
KEYWORDS: VERDICT SENTENCING SHOOTING VOLUNTARY
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