As his three children played in the courtroom, Jesus Munoz-Padilla was sentenced Wednesday to 60 years in jail for grabbing ashotgun and firing through a kitchen window during a family squabble,killing a 4-year-old boy.
Munoz-Padilla had tearfully told the judge his actions last yearwere "an accident" and begged for forgiveness for the death ofEnrique Mendujano, but Judge James Egan said Munoz-Padilla deserved astiff sentence. The boy's mother, Rosa Flores, also tearfullydemanded justice for her son.
"There was a choice made, a choice to get the gun, and a choice topull the trigger," Egan said.
Egan sentenced Munoz-Padilla to 35 years in prison for the murderand 25 years because a gun was used.
The boy was a victim of a family squabble between Munoz-Padillaand his brother over money at an apartment building in the 2900 blockof West 38th in April 2002.
Flores testified during the trial that she took her son upstairsfrom their basement apartment in the building to the second-floorapartment where the boy's baby-sitters lived. Later, a familyargument in that apartment flared out of control.
Munoz-Padilla, 34, first tried to scald his brother with a pan ofjuice from a roasting goat before grabbing the shotgun and firingfrom a landing outside the apartment, prosecutors said. The boy wassitting three feet from the window.
During the sentencing hearing Wednesday, Munoz-Padilla's threechildren played in the courtroom as family members and friendsdescribed Munoz-Padilla, 34, as a dedicated father who lovedchildren.
But Flores said the loss of her middle son has caused her to loseher faith and question how anything so horrible could happen to aninnocent child. Through an interpreter, Flores recounted how she hadto leave her son with a baby-sitter because she was working. She hashad to try to explain to her two other children about the boy'sdeath.
"How can I explain to my other children that someone killed theirbrother; I live for my children, it's [the] thing that keeps mealive," Flores said. "I don't know why these things happen to peoplewho don't harm anyone."
She said her surviving son, who is now 9, and her daughter, who isabout to turn 5, have blamed themselves and her for the death of her"Enriquito." Her surviving son even tried to get her to take him tojail to visit Munoz-Padilla and scold him for killing his brother.She told the children that he has become a little angel and is inheaven watching over them.
"My son said, 'It's my fault, it's my fault, I was always with himtaking care of him,' " said Flores. "My daughter says to me, 'Why didyou let him go to heaven? It's your fault he went to heaven.' Shesays she wants him to come for vacation and visit. How do you explainto this 5-year-old?"
Munoz-Padilla apologized to Flores and asked the judge forleniency so his children would not be without their father. Munoz-Padilla's wife, Olga, also asked for leniency.
"Give them hope so they can have their father one day," Olga Munoz-Padilla said.

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