Estey Bomberger Files Lawsuit in SDSU Stabbing Death Involving Fabian Nuñez's Son

SAN DIEGO--(BUSINESS WIRE)--The California wrongful death law firm Estey Bomberger has announced it has filed a lawsuit on behalf of Fred and Kathy Santos, the parents of Luis Santos, who was stabbed to death at the age of 22, in San Diego on October 4, 2008. Santos' death drew statewide and nationwide media attention because defendant Esteban Nuñez is the son of former California State Assembly Speaker and prominent democratic politician, Fabian Nuñez.

“greatly diminishes justice for victim Luis Santos and re-victimizes his family and friends.”

The civil suit was filed in San Diego Superior Court against Ryan Jett, Esteban Nuñez, Rafael Garcia and Leshanor Thomas, all of whom have been criminally prosecuted for Santos’ death. The civil suit alleges that each of the four defendants is civilly liable for the death of Luis Santos and the enormous loss caused to the Santos family. The complaint asks for damages and does not state a dollar amount being sought.

"What Fred and Kathy Santos are seeking is justice and accountability," states Stephen Estey, founding partner of Estey Bomberger. "Luis' life was priceless, and there is no number large enough for the loss of a loving and loved son."

According to court testimony, on the 2008 weekend of Santos' death, co-defendants Jett, Nuñez, Garcia and Thomas had gone from Sacramento to San Diego for a weekend of partying. After a night of drinking beer and slashing tires, the group attempted to crash a fraternity party at San Diego State University, but was turned away.

Further testimony in the criminal case showed that the four assailants then came upon Luis Santos and his friend, Brandon Scheerer. Jett, Nuñez, Garcia and Thomas first verbally abused the unarmed pair, who tried to get away and called friends for help. Although help did arrive, it was not sufficient to overcome the weapons the assailants wielded.

According to witness testimony, ultimately Jett stabbed Santos in the heart, leaving him to die in the street. Meanwhile, Nuñez stabbed Keith Robertson and Evan Henderson, who were attempting to help Santos. Scheerer was struck in the eye and suffered a serious injury requiring surgery. When they returned to Sacramento, the assailants threw away their knives and burned their clothing. The four were arrested in December 2008.

In May 2010, Jett and Nuñez each pleaded guilty to voluntary manslaughter and two counts of assault with a deadly weapon. In June 2010, Jett and Nuñez entered into plea bargains to avoid a murder trial. Each was then sentenced to the maximum 16 years in prison, Jett as the stabber and Nuñez based upon his active involvement in the homicide. Garcia and Thomas were placed on probation for three years.

Charismatic, outgoing and caring, Santos was a student at Mesa College pursuing a career in real estate when he was murdered. He enjoyed music, cooking and sports and was close to his family. Santos’ funeral was attended by over 700 people.

The Sacramento Bee reported that before and during the trial, some 70 individuals involved in politics, government and labor relations wrote letters in support of Esteban Nuñez, including Los Angeles Mayor Antonio Villaraigosa and former Republican Assembly-member Mike Villines. On December 31, 2010, in one of his last acts as governor of California, Arnold Schwarzenegger cut Nuñez's sentence by more than half, from 16 years to seven years, saying he thought the sentence was excessive.

Last week, Fred and Kathy Santos filed a lawsuit against Gov. Schwarzenegger claiming he violated their constitutional rights under the state’s Victims' Bill of Rights. The Santos family was not told in advance of Schwarzenegger's decision to reduce the sentence. Under the California Constitution, family members have a right to be heard “upon request” in any proceeding involving a “post-conviction release decision.”

The former governor's commutation drew widespread criticism and complaints of political favoritism. San Diego City Attorney Jan Goldsmith stated that Schwarzenegger reduced the sentence to "help his political crony's son." Bonnie Dumanis, the San Diego district attorney who prosecuted Nuñez, blasted Schwarzenegger's decision, saying the commutation "greatly diminishes justice for victim Luis Santos and re-victimizes his family and friends."

"We strongly disagree with the governor's decision to commute the sentence,” said Estey. “A civil jury will ultimately find out the true facts about Mr. Nuñez's involvement in this case and will render their verdict accordingly. There is nothing the governor will be able to do to disturb or overturn that verdict."

About Estey Bomberger

The California injury lawyers at Estey Bomberger represent victims of serious injury and wrongful death due to the negligence or willful misconduct of others. The attorneys have successfully handled many complex and challenging cases against individuals, corporations and governmental agencies. For more information, visit http://www.estey-bomberger.com or http://www.california-injury-lawyer-blog.com.