The prosecutor asked for a sentence of 345 years for a gang member who shot randomly at red cars — and only red cars — frightening dozens but hurting no one.
Instead, Cobb County Superior Court Judge Lark Ingram this week sentenced Johannes Lopez to 50 years in prison to be followed by 50 years probation for 26 counts of violation of the Street Gang Terrorism and Prevention Act, aggravated assault, criminal damage to property and possession of a firearm by a felon.
“No one expected her to do that, but her sentence spoke volumes,” Cobb District Attorney Vic Reynolds said of the request for 345 years in prison.
Reynolds has warned recently that gang activity in Cobb is on the rise and says gangs will become his first priority of his second term, if he is re-elected.
Defense attorney John Greco could not be reached for comment Wednesday. But he told the Fulton Daily Report, “I guess you could say with a laugh that when the DA asks for 345 years and the judge gives your client a lot less, that’s good.”
According to testimony, Lopez was trying to re-establish himself with the Sur-13 gang after being in prison for three years for possession of a firearm by a felon; he first went to prison for attempted armed robbery and robbery in 2009.
Lopez was released on May 22, 2013. Four months later he fired a shotgun and handgun randomly at red cars on Bankhead Highway and Hicks Road.
Reynolds said Lopez did not know anyone in the cars. One was driven by a pregnant woman, and children were passengers in others.
Lopez chose them only because they used the color of a rival gang. Sur 13’s color is blue, he said.
“Nobody was hit, thankfully,” Reynolds said.
Lopez was trying to increase and maintain his status in Sur-13.
An expert testified that gang members usually commit violent crimes soon after they are released from prison to re-establish themselves. Reynolds said there were recordings of Lopez saying that was what he would do if freed.
One reason for the extraordinary sentence recommendation was that Lopez rejected two plea offers, Reynolds said.
One offer was 15 years in prison and 15 years probation and another was 12 years in prison and eight years probation, Reynolds said.
So as the eight-day-long trial started, the prosecutor told the judge that Lopez had turned down two plea deals; if he’s convicted, the state said, he should serve time for each count consecutively.
The jury acquitted Lopez last Thursday of one count of gang activity but convicted him on the remaining 26 charges.
“If we don’t fight this problem aggressively … we’ll have some of the same problems our neighbors have,” Reynolds said.
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