A 19-year-old Cheyenne man was sentenced Monday to five to seven years in prison, with the potential of a later sentence reduction, for shooting his brother’s justified killer in the foot and brandishing a firearm toward a woman who was in his way earlier this year.
Leandro Dominguez was originally charged with attempted first-degree murder and three assault charges. But after striking a plea agreement with the Laramie County District Attorney’s Office, he agreed to plead guilty to two aggravated assault charges, if the DA’s office would recommend his placement at the state prison system’s youthful offender program.
Laramie County District Attorney Deputy Jack Hatfield II, who served prior as a Park County deputy prosecutor, made that recommendation at Monday’s hearing.
At first, Laramie County District Court Judge Robin Cooley was surprised to see an attempted-murder case pleaded down to an aggravated assault case, she told Dominguez.
“When I first looked at this, when I compared it against the plea agreement, I was a little astounded given the charges against Mr. Dominguez,” she said in the hearing. “But then I read the (pre-sentence investigation report). And we have before the court an individual with no previous history at all, and that surprised me.”
The pre-sentence investigation report is a Wyoming Department of Corrections officer’s research on a defendant’s life, history and character.
Cooley indicated that Dominguez’s history and character do not match his crimes.
“This was, as the state indicated, this was an instance of stupidity,” said Cooley.
Things could have been much worse, since Dominguez opened fire in a residential Cheyenne neighborhood, she said.
“We could be here under completely and much more tragic circumstances than we are now, although certainly it is tragic enough,” said Cooley.
Dominguez’s attorney Devon Petersen said he doesn’t believe the young man is violent, or a career criminal.
“I think what happened here was a very bizarre and terrible sort of situation,” said Petersen. “Mr. Dominguez’s brother was shot and killed right in front of his face that day. Just a horrible situation.”
Cooley sentenced Dominguez to five to seven years in prison and recommended he be placed at the youthful offender program, which spans roughly a year.
If Dominguez completes the youthful offender program, he can return to the court and ask for a reduction on the remainder of his sentence. He also gets credit for the 229 days he’s spent in jail during his prosecution.
To Grieve
The prosecutor’s office tried but couldn’t get the case victim, James Gulley, or anyone acting on his behalf to participate in the case, Hatfield told the court, though Hatfield did not identify Gulley by name.
As a last-ditch effort, he asked if anyone in the court gallery was there to speak for the victim.
No one responded.
As for Dominguez, both his mother and an aunt spoke on his behalf.
His mother Lorraine Phillips said he’s always been a good kid with a good head on his shoulders. He’s the father of a 1-year-old and has been doing well while in jail.
Dominguez’s aunt June Vasquez said he has a very bit heart and isn’t a troublemaker.
“This incident was very shocking and definitely life-changing for all of us,” said Vasquez. “We haven’t had a chance to grieve his brother, because we’ve been scrambling to try to save my other nephew.”
‘Be Ready’
Gulley, who told police he was born in 1991, was driving a vehicle around the area of Second and Dunn avenues the afternoon of Feb. 15, according to an evidentiary affidavit filed in Dominguez’s case.
Dominguez thought the vehicle was driving suspiciously through the neighborhood. He started driving through the area to find Gulley’s vehicle, says the document.
Gulley eventually pulled over, and Dominguez pulled up window to window next to him. Gulley got out to find out why Dominguez was following him, the document says.
Seeing the imprint of a gun in Gulley’s clothing, Dominguez immediately left. But Gulley followed him.
Dominguez called his brother Mauricio Dominguez and said, “Be ready, this guy’s following me, let’s go.”
Three Shots
Gulley stopped following Dominguez and parked on Second Avenue, west of Dunn Avenue. Dominguez and his brother pulled up next to Gulley’s vehicle.
Mauricio and Gulley both exited their vehicles: Mauricio was brandishing a pipe wrench about 18 inches long.
Someone captured a video of the incident.
“Let’s go motherf***er,” said someone on the video, reportedly.
The video next captured three gunshots in quick succession, which Gulley shot.
Laramie County District Attorney Sylvia Hackl confirmed Monday to Cowboy State Daily that she and the deputy prosecutor who charged this case, Bill Edelman, concluded that Gulley acted in self-defense.
Leandro Dominguez left the scene and drove home, retrieved a semiautomatic pistol and went back to find his brother dead, the affidavit says.
Dominguez pointed the gun at Gulley’s passenger, a 31-year-old woman who had exited the vehicle, and yelled, “Move, bitch” while trying to aim at Gulley, the document says.
Gulley retreated. Dominguez tracked him with the pistol.
Gulley drew his gun while trying to flee.
Dominguez shot Gulley in the right foot and nearly hit Gulley’s brother, who was also nearby, says the document.
Gulley returned fire and shot Dominguez once in the left thigh.
Clair McFarland can be reached at clair@cowboystatedaily.com.
