Man convicted of deadly Fresno carjacking might be freed sooner from prison, says court
Zachery Goodwin’s 40-year-to-life sentence for murder was whittled down to 15-years-to-life Wednesday as a change in state sentencing laws, a court of appeal victory and plea agreement all contributed to a reduced sentence.
The 23-year-old Goodwin was one of four people convicted in the 2016 killing of 59-year-old Michael Der Vartanian, of Clovis. Goodwin, the gunman, received the harshest penalty for the failed car jacking attempt.
A jury convicted him of second-degree murder in 2019 and he was later sentenced to 40-years-to-life.
But his defense attorney Mike McKneely filed an appeal of the sentence in 2019 and the Fifth District Court of Appeal in May threw out Goodwin’s second-degree murder conviction, saying the jury instructions read by the judge were prejudicial.
Goodwin, who was 16 at the time of the crime, was granted a new trial, but instead of going back to court, he agreed to plead guilty in exchange for a lighter sentence.
Now, he could be eligible for parole after serving at least 15 years of his prison sentence.
McKneely said Goodwin admitted his role in the shooting and was sorry for taking Der Vartanian’s life. He also did not want to put his family through another trial.
Goodwin, himself, had been through a rough patch in his life, and Judge Gregory Fain took that into consideration during the sentencing hearing.
New sentencing laws allow a judge the discretion to give added weight to evidence from the defendant proving mitigating circumstances. A judge also has the discretion to strike a sentencing enhancement that adds additional prison time for using a gun, as an example.
Prior abuse considered
Reading from a social worker’s report on Goodwin’s childhood, Fain said it was clear the defendant’s young life was chaotic, abusive and unstable.
According to the report, Fain said Goodwin was born premature, he had numerous health issues including eye problems that required numerous surgeries.
He was born with a cleft palate and was unable to communicate verbally until the age of 5.
His mother used methamphetamine and alcohol during her pregnancy with Goodwin. There were multiple calls to Child Protective Services, his attorney said.
“There was abuse, trauma and dysfunction and while that does not justify his conduct it is one of the factors that effects childhood trauma,” Fain said.
Senior District Deputy Attorney Daniel Walters argued in his sentencing brief that while he acknowledges Goodwin’s traumatic childhood, he does not believe it should absolve him from the enhancement for using a gun.
Walters pushed for adding four years to Goodwin’s sentence. Fain disagreed and struck the enhancement, but left his 15-years-to-life sentence.
Court records show Goodwin also must serve an 8-year prison term for a felony assault he committed while serving time in a Kern County prison.
His attorney said Goodwin was forced to attack another prisoner on the orders from a prison gang. It remains to be seen how Goodwin’s prison assault will impact his parole prospects.
This story was originally published December 22, 2022 at 8:04 AM.
