Saturday, Jan. 03, 2009

Modesto man gets 32 years for killing dairy worker

A Modesto man was sentenced to 34 years in prison after he was convicted of shooting to death a dairy worker in 2004 and possessing a knife while awaiting trial in jail, the Stanislaus County district attorney's office has announced.

Israel Garibay Covarrubias, 27, was convicted of voluntary manslaughter, using a firearm and possession of a shank while in jail, according to the district attorney's office. He also was found to have a prior felony conviction that falls under the state's three strikes law.

Covarrubias killed Augustin Rodriguez, 26, while the two argued at the dairy in the 3600 block of West Monte Vista Avenue, west of Turlock, according to the Stanislaus County Sheriff's Department.

On March 5, 2004, Covarrubias armed himself with a .22-caliber pistol and went to a small home at the dairy to collect a debt, according to prosecutors. The home belongs to dairyman John Gonsalves, who was allowing Rodri- guez, one of his workers, to live there with his wife and two children.

Covarrubias was not welcome at the dairy because of causing trouble there. Gonsalves and Rodriguez were attending to calves when they were told Covarrubias was at the home. Rodri- guez, who had known Covarrubias for several years, volunteered to tell him to leave.

Rodriguez confronted Covarrubias in the home's front yard and an argument ensued. Prosecutors said Covarrubias pulled out the pistol and, when dared by Rodriguez to shoot, shot one bullet into Rodriguez.

Shank found during routine search

Covarrubias got back into a van and it sped away. Sheriff's officials found him a few hours later walking near his home and arrested him.

On July 9, 2007, sheriff's deputies at the Stanislaus County Jail were conducting a routine search when they found a 2-foot-long makeshift knife, commonly known as a shank, hanging from behind Covarrubias' cell door, according to prosecutors. The weapon had two razor blades affixed to its end.

When Covarrubias was sentenced, he already was serving a prison term. On Aug. 16, 2007, Covarrubias was in court when he turned and spat in the face of his court-appointed attorney, according to the district attorney's office.

Covarrubias was charged with battery and subsequently pleaded guilty. He was sentenced to 32 months in prison May 5 and was taken to Pelican Bay State Prison, where he awaited trial in his other cases.

The shooting death case went to trial in April, but a mistrial was declared after the jurors couldn't agree if the killing was murder or voluntary manslaughter, according to the district attorney's office.

Covarrubias was sentenced to 32 years in prison in the shooting death after his conviction in the retrial and will have to serve 85 percent of the sentence before he is eligible for parole, according to the district attorney's office. He was sentenced to two years in prison for the shank.

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or 578-2394.