Jury ups gang member's sentence to 53 years

  • By MAGGIE KIELY

  • Posted: Friday, January 14, 2011 7:00 a.m.
  • Text size: A A A


Jury members on Thursday added three years to the original prison sentence of David Samaripas Jr. to conclude a retrial of charges growing out of his involvement in a 2007 gang-related drive-by shooting.


Samaripas was originally given 50 years after a jury found him guilty of engaging in organized criminal activity in January 2009, and on Thursday a second panel of jurors increased his punishment to 53 years.


After an appeal by Samaripas' attorney, the Texas 10th Court of Appeals overturned the conviction in February, saying that prosecutors had not correctly explained what was required to convict someone of engaging in organized criminal activity.


On Tuesday, a jury made up of nine women and three men convicted the 29-year-old Bryan man of the deadly-conduct crime after about six hours of deliberation.


Jurors considered the sentencing for about four hours Wednesday, then took another three hours deciding the punishment the following day.


During closing arguments, prosecutors urged jury members to consider the maximum punishment -- life behind bars -- for Samaripas, but they were content with Thursday's verdict.


"The District Attorney's office and police departments are taking a proactive and aggressive approach," Assistant District Attorney Misty Swan said. "We are sending a message today that our community and our law enforcement agencies do not and will not tolerate gang violence."


Mark Maltsberger, Samaripas' attorney, said he filed a motion for a new trial and a notice of appeal immediately after the trial was over.


"Although I am disappointed for my client, I respect the verdict of the jury," he said. "After speaking with the jurors, I know that they have a healthy respect for our judicial system and did not take their duty lightly."


According to authorities, Samaripas was riding with another known gang member in October 2007 when he fired eleven rounds at a home off South College Avenue. No one was hurt in the incident.


The shooting was among a cluster that occurred in a period of a few days between rival gang members.


At the time of his arrest for the drive-by shooting, Samaripas was on parole for evading arrest in 2003 and, before that, had served time for assault on a public servant.


He will be eligible for parole after serving half of his sentence.

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