Turlock brothers sentenced to 80 years in rapper death

Two Turlock brothers on Tuesday were sentenced to 80 years to life in prison for murdering a fellow gang member and aspiring rap artist during a 2008 fight that escalated to gunfire.

Alvaro "Tito" Saldana, 26, and Ray "Raymo" Gutierrez, 31, in April were convicted of first-degree murder in the shooting death of 26-year-old Roger Villanueva.

They also were found guilty of using a firearm to commit the crime and killing Villanueva for the benefit of a criminal street gang.

Villanueva's mother, Debbie Dunuan, submitted a statement that Deputy District Attorney Tom Brennan read to the court before Judge Thomas Zeff sentenced the defendants.

"Tito and Raymo, you took my son's life," Dunuan said in her statement. "Not only did you hurt me and my family, but you also hurt your own families."

Saldana and Gutierrez wore red and white jail inmate jumpsuits and shackles, while sitting stoically in chairs behind their defense attorneys during the hearing. They declined to give a statement to the court before their sentencing.

Saldana previously was convicted of carjacking and Gutierrez had a prior conviction for assault with a firearm. Those convictions, along with the gang and firearm enhancements added to their murder charges, multiplied their prison sentences.

Villanueva, who originally was from Turlock and recently had moved to Arizona, performed at Sidelines Pub & Grill in Modesto under the name Smoke da Villain two days before his death.

Authorities have said Saldana and Gutierrez are members of the Norteño gang, and Villanueva was a member of the gang until his death.

On May 25, 2008, Villanueva was attending a large party with many other Norteños outside a home on Angelus Street in Turlock.

Villanueva and Saldana confronted each other before they went to the back yard of a vacant home to fight. The prosecution said Saldana lured Villanueva to the back yard, knowing his brother would intervene and shoot Villanueva.

Gutierrez fired 13 shots at Villanueva in front of about 20 fight spectators, while more than 100 party attendees remained in front of the home.

Brennan argued in the trial that the defendants were seeking revenge after Villanueva defended a Norteño gang "dropout," who no longer worked on behalf of the gang. He said Villanueva's death eventually was sanctioned by the gang's leaders to instill fear in members.

Defense attorneys said Saldana and Gutierrez were not looking for a fight when they arrived at the party. They said Gutierrez fired the gun in self-defense.

During the trial, the defendants expressed regret for Villanueva's death, Gutierrez's attorney Frank Carson told the judge before the sentencing. He said the defendants were provoked into the fight that led to the shooting.

Brennan argued Tuesday that the jury found there was no provocation and produced a verdict of first-degree murder, which indicates that there was premeditation by the defendants.

"They had murder on their minds before any provocation occurred," Brennan argued.

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or (209) 578-2394.

This story was originally published May 31, 2011 at 10:38 PM with the headline "Turlock brothers sentenced to 80 years in rapper death."