A 19-year-old man who claimed he was provoked when he slashed a gay man to death in his Chula Vista apartment was sentenced Feb. 5 to six years in state prison.
A request for probation for Joe Andrew Cortez was turned down by Chula Vista Superior Court Judge Ana Espana who cited the horrific stab wounds inflicted by Cortez upon Rene Macias Pressa, 44, April 23, 2015.
Defense attorney Michael Ruiz argued that Cortez was provoked into attacking Pressa whom he said had tried to seduce him. Cortez worked with Pressa for about a week at a Chula Vista restaurant.
Ruiz also said Cortez had a low IQ and would be especially vulnerable to sexual assault in prison. Ruiz said Pressa had tried to seduce other young men, according to his investigator.
Deputy District Attorney Victor Ou argued there were at least 10 stab wounds suffered by Pressa and his hand was nearly severed when he tried to grab the knife out of Cortez’s hand.
Espana agreed the case was unusual, which is the circumstance an attorney can use to argue for a lesser sentence. Cortez pleaded guilty to voluntary manslaughter and a murder charge was dropped. He could have received 11 years in prison.
When Chula Vista Police found Pressa’s body at the front of his door at 45 Third Avenue, they found a blood trail of a barefoot person who had walked away. Inside his unit were Cortez’s pants, wallet, passport, shirt, and shoes which showed he left in a hurry.
Ou said Cortez told police that Pressa had oral sex with him for 15 minutes until he told him to stop. Cortez also said he got a knife and concealed it while he sat in a chair for 5-8 minutes while he contemplated killing Pressa, who was frequently using his cellphone that night.
“Those pants came off consensually. They were neatly folded,” said Ou. “He was free to go anytime.”
“Mexican culture views (homosexuality) as taboo,” said the prosecutor. “There wasn’t any force. There wasn’t any drugging. He was attacked from behind.”
Cortez told police that Pressa “tried to suck my toes” in the apartment, said Ou. Cortez left most of his clothing behind and walked to his parents’ home near Tijuana all night. He recalled his father asking him why his feet were so bloody.
Cortez’s attorney said Pressa manipulated Cortez into spending the night at his apartment because both of them had to leave at 6 a.m. and do a special cleaning of the restaurant.
Ruiz said that when Cortez saw Pressa’s bedroom, there was only one bed and Pressa wanted him to sleep with him. He felt very uncomfortable, said Ruiz.
Espana said she looked at the bloody crime scene photos and autopsy pictures and denied probation because of the severity of the wounds. “It was clearly a vicious attack,” she said, adding that a bone was protruding on the victim.
“The violence, the method he used in the killing is a concern to me,” said the judge.
Espana gave him credit for 324 days spent in jail and fined him $524. She ordered him to pay $580 for the victim’s cremation. Cortez declined to speak with the probation department and he said nothing in court. His mother, sister, and brother were in the audience.
