FRESNO, Calif. (KFSN) -- A surprising revelation happened in court Monday when a suspect was supposed to be sentenced for killing a father and son last year. An attorney representing Jose Jimenez asked for a continuance while she reviews medical records she believes may change the punishment handed down.
Jose Alfredo Jimenez, along with his son and stepson were set to hear their punishment Monday after pleading no contest to killing a father and son one year ago. But instead, his attorney said the elder Jimenez may have a life threatening condition.
Jose Alfredo Jimenez is facing up to four years in prison for shooting and killing Jimmy Oliver and Jimmy Oliver junior last summer. According to court records Jimenez, his son Jose Mario Jimenez and his stepson Michael Pranger opened fire on another father and son they believed were trying to steal their marijuana.
Monday, the attorney representing the senior Jimenez revealed a medical condition she says may affect her client's life span.
"He suffered a traumatic brain injury. He actually has a plate in his head that he is telling me now has caused other issues so he might be terminally ill," Bonnie Bitter, Jimenez attorney said.
In a deal made with prosecutors several months ago, the trio pleaded no contest to involuntary manslaughter. That agreement means Jose Mario Jimenez, and Michael Pranger will likely get two years in prison. But Jose Alfredo Jimenez is facing additional time because of a prior felony conviction of assault with a deadly weapon.
His attorney says based on the medical findings, she may ask for leniency during sentencing.
"I hope it will help his sentencing, yes," Bitter said. "I don't know how much it will help his sentencing."
According to Fresno County Sheriff's Deputies, the suspects had 300 marijuana plants growing in their backyard on Cherry Avenue near Daleville. Detectives said a confrontation occurred moments before someone called 911 to report a shooting.
Sentencing is set for next Friday and the victim's family members are expected to make a statement before the punishment is given.
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