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Man Gets 3 Years in Brother's Death

August 11, 2000|HOLLY J. WOLCOTT

Despite a plea by a prosecutor for two consecutive life terms, an Oxnard man with several prior convictions was sentenced Thursday to three years in prison in connection with the accidental shooting and killing of his brother last year, authorities said.

Magdaleno Ocampo, 38, was found guilty last month of involuntary manslaughter, stemming from the Sept. 12, 1999, shooting of 41-year-old Mario Ocampo, a married father of six.

According to authorities, the younger Ocampo had gone that night to his brother's house on Dolores Court in Oxnard, where the two drank alcohol and inspected a .22-caliber pistol that Magdaleno Ocampo had brought with him.

The defendant told authorities he believed the gun was not loaded, but pulled the trigger when his brother started joking about the pistol's small size.

A round in the chamber fired into Mario Ocampo's chest. He died from the injury after spending 17 days in the hospital, authorities said.

Deputy Dist. Atty. Richard Simon argued that Ocampo should receive the maximum penalty because he has two prior convictions for armed robbery and five drunk driving convictions. Ocampo's recent conviction is a third strike, making him eligible for life in prison, Simon said.

"The judge [Ken W. Riley] felt that it was an accident and that Mr. Ocampo was extremely remorseful," Simon said. "While I understand his reasoning, it's how you weigh it. He has a history of committing crimes that were dangerous. His record is extensive."

With credit for about a year he has already served in jail, Ocampo could be free in about six months, Simon said.

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