57. Indianapolis--July, 2009--Aggravated Battery
Two newspaper articles and a letter to the editor follow:
http://www.indystar.com/apps/pbcs.dll/a ... 0990729022 July 29, 2009
Alleged gunman, brother charged in wedding meleeBy Jon Murray
jon.murray@indystar.com A man accused of shooting a 2-year-old girl in the head at a wedding reception was advised of his charges this morning in Marion Superior Court.
Prosecutors filed two counts of aggravated battery and another count of battery against Francisco Ponce, 21, for the three people wounded during the shooting Saturday night at Lawrence Community Center. He also faces charges of resisting law enforcement during a foot chase and carrying a handgun without a license.
Judge Carol Orbison set Ponce's trial for Sept. 21, advised him of his charges through a Spanish interpreter and entered not-guilty pleas on his behalf. She appointed a public defender.
Ponce and two brothers arrived at the wedding reception uninvited, according to a probable cause affidavit, but were acquaintances of some attendees. Jose Ponce, 23, struck an attendee and overturned a table before Francisco Ponce returned to the building and opened fire into the crowd, the affidavit says.
One bullet struck 2 1/2-year-old Yuridia Sosa in the head, and another hit Miriam Lial, 23, in the leg. Yuridia's mother, Mariela Rodriguez, 23, who had been holding the girl, suffered a grazing wound to her leg.
Yuridia has been in critical condition at Methodist Hospital, but doctors said earlier this week that she had stabilized.
Prosecutors charged Jose Ponce with misdemeanor battery. They declined to charge the third brother, Isaias Ponce, saying there was no evidence of criminal wrongdoing on his part.
David Wyser, the prosecutor's chief trial deputy, said after the hearing that the office chose aggravated battery over attempted murder because Francisco Ponce apparently didn't target anyone. Aggravated battery is a Class B felony carrying six to 20 years in prison on each count.
"There is no evidence that he intended to kill," Wyser said. "These shots were fired at knee-high level."
The Ponce brothers are undocumented immigrants from Mexico, Wyser said, and he said Francisco Ponce apparently wasn't deported after a 2006 handgun possession conviction in Hamilton County.
________________________________________
http://www.indystar.com/apps/pbcs.dll/a ... 9907300405 July 30, 2009
Child shot at reception is doing better
2-year-old off life support, starts physical therapy; judge sets trial in fall for man charged with battery
By Jon Murray and Francesca Jarosz
jon.murray@indystar.com A 2-year-old girl shot in the head at a family wedding reception has been removed from life support and is beginning physical therapy.
Yuridia Sosa was injured Saturday night at the Lawrence Community Center when three brothers showed up uninvited and tussled with guests, prosecutors said.
By Wednesday, the same day a judge advised the accused shooter of his charges, Yuridia was awake and looking around in a hospital bed. Doctors expected she would leave the intensive care unit at Methodist Hospital on Wednesday or early today, said Dr. Michael Turner, a pediatric neurosurgeon who is handling her case.
Marion County prosecutors charged Francisco Ponce, 21, with two counts of aggravated battery and another count of battery for injuries to Yuridia and two others, including her mother, who was grazed on the leg as she held the girl.
Yuridia's mother, Mariela Rodriguez, 23, and father, Isau Sosa, 24, have stayed with her since her first surgery Saturday.
Sosa said he was happy about his daughter's improvement but remained prayerful.
"My baby needs me," he said in Spanish. "Now more than ever."
A bullet entered Yuridia's skull and penetrated a small portion of her brain. By Wednesday, several tubes that monitored her brain pressure and drained her urine and stomach had been removed, Turner said. Doctors expected her to undergo therapy for the next few weeks to help her walk, talk and eat.
Another surgery still is needed to repair her skull, likely in the next few weeks.
"We want to make sure she's over that (initial) trauma," Turner said, "before we give her a new one."
In Marion Superior Court, Francisco Ponce also faces charges of resisting law enforcement and carrying a handgun without a license.
Judge Carol Orbison set his trial for Sept. 21.
Ponce and his brothers were acquaintances of some attendees, according to a probable cause affidavit. Jose Ponce, 23, struck an attendee and overturned a table before Francisco Ponce opened fire into the crowd, witnesses told police.
Prosecutors charged Jose Ponce with misdemeanor battery, and his initial hearing was set for this morning. They decided against charging the third brother, Isaias Ponce. Francisco and Jose Ponce were in jail with bond set at $200,000 for each.
David Wyser, the prosecutor's chief trial deputy, said the office chose aggravated battery over attempted murder charges for Francisco Ponce because he apparently didn't target anyone, aiming the gun low. Aggravated battery is a Class B felony carrying six to 20 years in prison on each count.
The brothers are illegal immigrants from Mexico, Wyser said, and Francisco Ponce apparently wasn't deported after a 2006 handgun possession conviction in Hamilton County.
________________________________________
http://www.indystar.com/apps/pbcs.dll/a ... 9908010371 August 1, 2009
Suspect's citizenship status brings up enforcement issue
It saddens me to hear about the 2-year-old girl who was shot in the head. I pray she makes a full recovery. I became outraged when I learned that her alleged shooter, Francisco Ponce, is an illegal alien who was not deported after a 2006 handgun possession conviction. When are we going to start enforcing our immigration laws?
Had Ponce been deported in 2006, this poor little girl would not be going through her ordeal. I hope her pain and suffering weigh heavy on the heads of everyone who is responsible for not having Ponce deported. How many other victims will there be in the future before we start enforcing our laws?
Jeffrey Harris
Martinsville