He did not want to ‘rot in prison.’ But judge gave him life for shooting innocent man

A Fresno man was sentenced Thursday to 32 years to life in prison for shooting his landlord who wanted to evict him last year – a crime that left his victim paralyzed.

Brandon Carl Sutter, 30, told Fresno County Superior Court Judge Alvin Harrell III that he was innocent because the victim, Francisco Martinez, is his friend. “I didn’t do it,” he pleaded. “Please don’t let me rot in prison.”

But Harrell said there was ample evidence to show that Sutter shot an unarmed Martinez in the back with a homemade shotgun, called a zip gun, on Aug. 15 last year outside Sutter’s residence on Mayfair Drive near McKinley and Millbrook avenues in central Fresno.

Harrell sentenced Sutter to 32 years to life in prison for the attempted murder of Martinez, 50, and for being a felon in possession of a handgun. In announcing the sentence, Harrell noted Martinez’s presence in the courtroom, telling Sutter: “You have sentenced him to life in a wheelchair.”

Afterward, prosecutor Andrew Janz said the shooting was a senseless crime and that Sutter was on parole. “Brandon Sutter should never have been released early from prison. Because he was out early, he nearly killed an innocent man.”

During Sutter’s trial, Janz said Martinez wanted to evict Sutter, but Sutter didn’t want to leave. On the night of Aug. 14, Sutter and his girlfriend smoked methamphetamine, Janz said. The next morning, Sutter confronted Martinez, who came over to evict the couple.

When Martinez saw the gun, he turned to run. Sutter then shot him in the back, Janz said. The zip gun was later found in a backpack, hidden in a refrigerator.

Sutter, who was arrested at the scene, denied shooting Martinez, who spent at least a month in the hospital.

On Thursday, Sutter told Harrell that he didn’t shoot Martinez. Instead, he tried to save Martinez’s life by calling 911.

Sutter said he was in his home when he heard a loud blast. He then went outside and saw his friend stumble to the ground.

But the judge didn’t believe his account.

Janz said one of Sutter’s witnesses in the trial identified Sutter as the shooter. Harrell said Martinez also identified Sutter as his assailant and testified that Sutter stood over him and “wanted to stomp him out.”

In December, a jury took less than two hours to convict Sutter.

During the hearing, defense attorney Mark Siegel said Sutter turned down a plea deal that would have resulted in a prison term of eight to 14 years in prison. He said Sutter rejected the offer because he maintains his innocence.

According to court records, Sutter has a lengthy criminal record that includes convictions for drugs and guns, battery, vandalism and burglary. He was released from prison and placed on supervised released in July 2015.

After his conviction, he told probation officials that he drank alcohol, smoked pot recreationally, and used methamphetamine occasionally. He also told them he rather be placed in a drug treatment program than prison, so he could do something positive with his life.

Martinez declined to say whether he got justice. But he told the judge: “He ruined his life and he ruined my life. I hope God has mercy on him. It’s just senseless.”

This story was originally published January 18, 2018 at 2:57 PM with the headline "He did not want to ‘rot in prison.’ But judge gave him life for shooting innocent man."