Waukegan murder suspect weighing plea deal
A Waukegan man charged with murder has about two weeks to decide if he will plead guilty and accept a prison sentence of 38 years, or roll the dice and go to trial.
Lake County Judge Daniel Shanes said Wednesday he would accept a 38-year prison sentence prosecutors offered to Miguel Leyva, 25, if he admits to first-degree murder for the March 2014 killing of 53-year-old Adrian Villarreal.
However, Shanes said, Leyva needs to make a final decision soon whether to accept the plea deal or lose the offer.
“I respect the seriousness of the decision you have to make,” Shanes said. “But, failure to make a decision is the decision to go to trial.”
If found guilty at trial, Leyva would face between 45 years to 75 years in prison.
Leyva, of the 1700 block of Golf Road, is charged with two counts of first-degree murder alleging he shot Villarreal in the head March 15, 2014, following an argument at the corner of Hickory and Center streets in Waukegan.
Villarreal was pronounced dead after police found him in his vehicle unresponsive with a gunshot wound. Leyva was arrested 10 days later.
Shanes said in court Wednesday that the defendant believed Villarreal had threatened to harm his son after a previous confrontation over money owed. The judge also noted that Leyva was cooperative with police during the investigation, had no prior felony charges on his record, and that the gun used in the killing was turned over to police.
Rather than accepting the 38-year prison sentence, Leyva also could take an open plea in which the court could sentence him to between 30 years to 45 years in prison.
Leyva remains held in Lake County jail on $1 million bond.