Wednesday, April 16, 2014

Red Hawk stabber pleads ‘no contest’

From page A1 | May 13, 2013 | 40 Comments


ESTEPHAN JUAREZ sits in an El Dorado County Courthouse May 9 waiting to be sentenced. Democrat photo by Pat Dollins

An outburst during the plea hearing for the man accused of stabbing another man to death at Red Hawk Casino led to the victim’s family being escorted from the Courthouse Friday morning.

El Dorado County Judge James R. Wagoner informed Estephen Juarez that the complaint against him had been amended to be a charge of voluntary manslaughter, making him ineligible for probation.

Chief Assistant Deputy Attorney Bill Clark told the court that the plea bargain was a result of a “thorough evaluation of all the evidence” and determining the likely outcome of a jury trial would be a voluntary manslaughter conviction.

Wagoner noted that the maximum Juarez could be sentenced to was 11 years in a state prison with over $20,000 in fines, but he intended to impose the minimum in both sentence and fines. Supervised release after the sentence is served would be determined at a later date. He also noted that Juarez had been on two other probations at the time he committed the crime. This would also count as a “strike” due to being a serious or violent felony, meaning he would only receive 15 percent time credit.

The judge then asked how Juarez would plead the to crime of, as a result of a “sudden quarrel, in the heat of passion,” the voluntary manslaughter of Gene McArn on Nov. 21, 1012.

“No contest,” Juarez quietly said. He then admitted to the two violations of probation and to prior offenses.

The mother of the victim, Kara McArn, was then given the opportunity to read a victim impact statement she had prepared.

“When the defendant…murdered our son, he tore our hearts,” she said, affecting brothers, sisters and parents. She told the court that a brother of Gene had told her, “‘I hate the coward that murdered my brother,’” and that he would have no one to play basketball with.

“Siblings ache for their brother,” Kara McArn said, “and we can’t take that away.” She said that her son’s smile “could light up a room, his laugh was contagious,” and that he “never spoke a harsh word.” Her son was “so full of life and love” and he “loved sports, God and his family.”

She told the court that siblings should never have to bury siblings for such a heinous crime, that it ripped apart twin brothers.

“Why? Why did this have to happen to our son?” she asked the court. A son, she said, who would want them to forgive. “We are aware of the sentence” the court intended to give, she said, and they will “never be satisfied, but know that God has an ultimate plan in our lives.”

Harold McArn, Gene’s father, said that he would dismiss himself. Clearly shaken and in emotion turmoil, he said he “can’t do it, I don’t want to disrupt the courtroom.” He left, returned for a moment, and left again. A statement by Gene McArn’s sister was also submitted, but Clark said earlier that it would not abide by the decorum of the courtroom.

Juarez was then sentenced to three years in state prison, with probation ordered to evaluate any credits he might have. Fines were kept to a minimum in favor of a $4,775 restitution to the family. He was then remanded to the El Dorado County Sheriff’s Office to await transport to a state prison.

While he was being sentenced, a commotion started outside the courtroom. Yelling and screaming could be heard, the majority coming from Kara McArn. Bailiffs later confirmed that the family was threatening Juarez while they were escorted from the Courthouse. Supporters of Juarez were told to stay inside the courtroom as the sentencing was carried out, pausing only momentarily when the yelling began, but mostly ignoring the outburst. Juarez’s supporters stayed silent, leaving only after a recess was called following the sentencing, giving time for the victim’s supporters to clear out.


Discussion | 40 comments

  • DaveMay 10, 2013 - 6:09 pm

    Really? 3 years for a murder? This piece of trash will be back in El Dorado County worse than when he left. Thanks DA

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  • KindraJanuary 22, 2014 - 12:11 pm

    For those of you that don't know this person, who are you to judge him. I grew up with him and he is a very caring, kind, and compassionate person. Things happen in life and we all make mistakes, but I guarantee Steven didn't intend to kill anyone. Thou shall not judge, unless thou shalt be judged.

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  • James E.May 10, 2013 - 6:33 pm

    Wow, three years! Reminds me of the case a few years back when a young man fired two bullets into a couch and the local DA got him to plea to attempted murder and the young man got 17 years in prison. Oh, Lady justice, you are so unreliable.

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  • 1036-FrankMay 10, 2013 - 11:55 pm

    Should of gone to trial on this one and put the guy away so he doesn't come back and start murdering again. This judge that allowed this sentence is a huge problem along with the deputy DA who decided to be weak on crime with this killer who needed a minimum of 25 to life.

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  • pissedoofffamilyfriendMay 11, 2013 - 12:02 pm


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  • None YaDecember 18, 2013 - 9:55 am

    You should be ashamed of yourself making threats you can keep.

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  • francescaduchamp@att.netMay 11, 2013 - 4:06 pm

    Kara McArn, I am sorry for the loss of your son.

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  • seeking the truthMay 11, 2013 - 4:40 pm

    My only questions are why were there 6 people there that should of not been there to begin with?Also why did mr. mcarn and all of his friends all have a change of clothes? Were they on there way to the gym I don't think so. Had they not gone there to begin with this whole situation would have not happened.It's not like the kid was walking his dog down the street and somebody jumped out of the bushes and attacked him.Its to bad that you believe he nothing to do with any bad activity and was such an angel.Also i think for anybody to say that everybody is racist is an issue within yourself I mean how dumb are you I believe the defendant is not a white boy either.

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  • None YaDecember 18, 2013 - 9:56 am

    6 against 1 does sound like a fair fight to me.

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  • Kara McarnMay 11, 2013 - 5:09 pm

    @ seekingthetruth...I watched the video of my son being did not!!!! WHEN SOMEONE MURDERS ONE OF YOUR KIDS LET ME KNOW HOW U FEEL WHETHER OR NOT YOU HAVE KIDS.... I WATCHED MY SON DIE!!!!!! You don`t have a clue you are a FEMALE DOG!!!! I hope you lose someome the same way!!!!!

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  • KindraJanuary 22, 2014 - 12:30 pm

    And you call yourself a person of GOD, listen to how you sound. Your son did not deserve to die but with every action there are consequences.

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  • seeking the truthMay 11, 2013 - 10:10 pm

    I feel sorry for everybody involved there are no winners in this situation if it wasn't your son that died chances are your son would be sitting on trial for murder they did not go there to play video games but when there is so much violence in this world and a world filled with as much hate in there heart that you have its no wonder. To wish that somebody would die just so they can see how you fill is one of the most selfish acts that a human could have and seeing what you wrote and read about god this and god that maybe you should go back to church or read the bible a little. Good luck with all that hate in your heart it will be the doom of you.

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  • SteveMay 12, 2013 - 1:01 am

    I am so sorry for your loss Kara, but to make your court appearance out to be some kind of a racial circus is pathetic! Gee wiz I wonder why they would do a thorough search on the family members of a murder victim..... It MUST be because they are racist!

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  • Kara McArnMay 12, 2013 - 1:51 pm

    @ Steve...thank you, we will be able to continue the healing now. We are tired of everything being based on race, religious beliefs, this situation no one did win. We should not have been treated the way we were treated. We have had no problems except one at all the other court hearings...that was with a member of his family that caused a brawl. We think that we should have been treated normally, and his family as well. We should not have been singled out due to race...I am white...not many people know this. My husband is black...we just want even the sentencing in murder trials to be the same as well...if you take a person's life you should be gone permanently. If my son would have been the one to do it he should be gone permanently also...this guy got off with a slap on the wrist. Ultimately God will be the judge and I hope this guy repents and asks for forgiveness. I forgive him...but when you there and hear the judge read the sentence it's hard...a sheriff actually physically picked up and pushed my older daughter and she had done nothing wrong...he picked her up by her all my anger just busted out. I can assure you that no one was threatened though.

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  • MotheofTwoMay 12, 2013 - 1:53 pm

    Kara, as a mother myself, I am heartbroken how the justice system failed you and your family. If my son was murdered like that I would be just as upset as you are. Sadly, there was no justice. You have every right to grieve and be upset! You are right, there is no way to know what exactly happened that night; however, death did not have to happen.

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  • Kara McArnMay 12, 2013 - 2:07 pm

    @ Motheoftwo: Thank you dearly! My husband, children and myself have had so many emotions we can't even begin to explain them. We are aware there are those out there who give positive a negative feedback...we just wanted justice and none happened. For the future...we want no one to experience what we have with the incomplete investigation and sentence. I thank you again and hug your babies everyday. Our son was not perfect..we know this and neither are we...but he is still our son and we love him. Just as the mother of the man that killed our son loves him...I do grieve for her...we are parents of many children and we are grandparents...we never want to bury a child in this way ever again.

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  • Justice InsiderMay 13, 2013 - 6:31 am

    In review of the facts and the video from Red Hawk its very clear these boys were not there for a Pre-Thanksgiving evening of enjoyment. The article above failed to mention the deceased was only 19, and it was late in the evening. No legitimate reason for him to be there. This is in no way an excuse for the defendant either. This tragic situation boils down to kill or be killed. Now to answer everyones question, WHY. One simple word, HEROIN. The reality is, both boys, both families have suffered a major loss.

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  • Kara McArnMay 13, 2013 - 7:17 am

    @ Justice Insider took a real education to realize that those kids shouldn't have been there! Real true genious! As always kids make are not God so you too are not perfect. Why doesn't the law get strict on drugs? How about answering that one? Why are they not prosecuting the other boy's there for there part? Answer me that? How about the girlfriends part in it? We know our son was not an angel but NO ONE DESERVES TO BE MURDERED, NOT EVEN THE DEFENDANT!!! BUT MURDER IS MURDER AND A LIFE SENTENCE SHOULD ALWAYS BE IMPOSED!! I WATCHED THE VIDEO!!! TRY WATCHING YOUR SON OR DAUGHTER BE MURDERED THEN TELL ME HOW YOU FEEL!!! Our son was still our son, justice was not served and if you were part of the investigation then you should have done more. Don't tell us how we should feel, we have been very calm through this whole thing...but the sentencing was not handled correctly, and OUR family was treated incorrectly. All we want is for the laws to be shouldn't be kill or be killed...there are a lot of drug activities at that casino and it should be investigated and how about the casino's security at all was there to be found not one in the video...why not pass a law and have everyone carded as they pull through the parking structure? Again I will say also...use your real name...I'm not afraid to!

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  • DeeDeeMay 13, 2013 - 7:48 am

    What a horrible tragedy. My sympathies to both families. Justice Insider loves to blog on here and brag about his inside knowledge. If you are so wonderful Mr. Insider, why is this county not dealing with the heroin, meth, pills etc. problems. They are huge here and this county seems to only have a marijuana task force. I have said over and over that the pot heads are so much simpler to deal with and easier money to be made for the state and county with far less effort. Pretty tough people are involved with the heroin etc and I feel that law enforcement are afraid of them. It does involve gangs who probably have more weapons than law enforcement. Don't be a cop if you are afraid to fight the crime. I am not saying that it's easy to be a cop, but in sure in the heck is not easy to be a parent whose child dies directly from drug issues. The district attorney's office should be filling the public in on why such a light sentence for a murder. My kid got threatened with more prison time for having a normal young couples relationship just because he was 18 and she was 17. District Attorney's office had no problem trying there best to send our son to prison. So what the heck is going on here judicial system. The people of this county deserve some answers and respect. We can blog on here till we are blue in the face and the so called judicial system will remain dirty.

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  • squeekieMay 13, 2013 - 7:48 am

    to the family of geno mcarn..i am so very sorry for your loss and pain,but we the people need to understand that there is always 2 sides to every story...since this didnt go to trial their will always be unanswered questions on what really did happen on that awful night in calling mr.juarez a murderer for defending himself on an attack that was premeditated by mr.mcarn and his friends to get even for what they call a drug deal gone again sorry for your loss...but i do see that if they had gotten away with what they had planned out for mr.juarez your son would be on trial!!therefore i'm not getting how all of this can be blamed on one person for the loss of your step son!!i do believe that your family with time and healing can see that geno played a big roll in his own demise by plotting out this attack on mr.juarez.for "DRUGS" your son was battling his own demons or he and mr.juarez would have never crossed paths.geno and his 5 friends waited in pray for mr.juarez to be luered out to them for this premeditated attack that they started!!!! i also believe that if red hawks security was doing there job things like this could have been prevented all together.and if genos friends wouldnt have moved him and let casino paramedics to treat him he might be alive today!! so they most definatly play a roll in his passing also.this whole situation is tragic for all involved....but mr.juarez got the sentance the courts believe fit for a self defence not a murderess act!and its real tough reading the race card when one is black and the other hispanic...get real!!! i do pray for all involved to find peace again in their lives and even maybe someday forgivness!!!

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  • DeeDeeMay 13, 2013 - 8:10 am

    All of this drug stuff seems to be the center of the problem. It's the center of many of the problems within the crimes in this and many other Counties. Once again, when is law enforcement going to start going after the hard core drugs?? You have your DUI grants, your Statuatory Rape grants etc. Mr. District Attorney and Sheriff D'Agostini, when oh when are you going to do something about the hard core drugs. Please don't try to BS me about the pot starting the problems. Get the bad stuff. Our children are dying from crimes, suicides, over doses and are committing more crimes to feed their habits. Tar heroin is makin a comeback?? Really??? Do you Vern Pierson and D'Agostini care about that???? Wait till it's your kids. And Justice Insider, get out there and do your part. I'm pretty sure Kara McArn didn't just sit back and tell her kid to go do drugs or anything else bad, but when you don't have the backing of law enforcement, parents and the public's hands are pretty tied. I know I didn't raise my kids to do drugs or drink but when I had problems LE and the DA would not help me..yea Mr. Insider, I have tried as a parent and trust me, the DA's office doesn't like me or the questions I bring up for many wrong doings in this county. I could go on forever, but am so sick of this. Glad I am nearly retired and can get the heck out of here and go to a retirement community and live the rest of my life in some kind of quiet. I have tried to deal with the system in the right way and fight for people's rights since I was a 15 year old. Not gonna happen. Quite disappointing.

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  • cookie65May 13, 2013 - 8:19 am

    Do you ever notice how these "sudden quarrels, in the heat of passion" as the story describes it are always perpetrated by aggressive, confrontational, usually armed, tatted up, no respect for life or anything else, looking for trouble types and the goal of the judicial system seems to be how best to minimize the penalty for the results of their actions. The legal system has turned a $10 solution into a multi-billion dollar industry. And the rope is reusable. Over he last few generations we have come to understand that animals like this are victims. We have people like Dr. Larry Beutler and many, many more like him for correcting our narrow, misguided, unenlightened, regressive concepts of crime and punishment. The meaning behind Stalin's "useful idiots" point was that the west would collapse from within because of those who would change cultural and societal norms and replace them with degenerative ideals. I read recently from a helpful source that those who value those cultural and societal norms have blocks to their critical thinking skills.

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  • squeekieMay 13, 2013 - 8:39 am

    hey justice hit the nail right on the head!!! thats excactly what happen kill or be killed!!and i do wish that all of these people involved put all their energy and anger into becoming an advocate to help get this horrible drug off the street and out of the kids reach!! also maybe the family of geno should go ask the boys involved in the beating of mr. juarez to tell the whole truth and nothing but the truth of what really went on!!! then maybe they would understand the meening of kill or be was defending himself against a brutal attack by geno and his friends,so again it comes down to kill or be killed!!! so sorry for your loss!!

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  • cookie65May 13, 2013 - 8:41 am

    DeeDee, this is not a problem confined to El Dorado county. How could you possibly believe it is that simple? How about gov moonbeam releasing thousands of convicted drug pushers? How about the obama regime criminalizing states who attempt to enforce immigration laws? How about the pharmaceuticals on EVERY street corner? The war on drugs is like the war on poverty, it is job security for lots of people in very high places way beyond this county. That "retirement community" won't be drug free. In fact I would bet you there will be lots of drugs there that leave grandma and grandpa's medicine cabinets and end up in the public schools. Who are you going to blame for that?

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  • DeeDeeMay 13, 2013 - 10:08 am

    Cookie read my first sentence again in my 8:10 am post. Don't start on me unless you have got the concept of what I am writing. If what I write is not clear, then ask me, with respect, what I mean. There is the problem in this world; respect and calm conversation have left and our judicial system stinks, no matter which part of it you blame. It's the whole lot of them.

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  • KandisMay 13, 2013 - 10:16 am

    This whole thing is a terrible situation. I just wanted to share that me once being a participate in the same lifestyle as the boys in this tragedy and having 16 months clean now I can from experience state that unfortunately all parties are responsible and this kind of situation happens all to much. Violence of any and all kinds are a part of " the game" . Kill or be killed, rob or be robbed, play or be played the list can go on and on because when u deal with addicts of any kind who are living in a world of " warped reality" no one thinks clearly or responsibly. Consequences are never really thought of or realized until it is too late. I send my respect to The families for the pain this whole thing has caused them. And pray that our county takes this matter seriously as far as future prevention. This kind of thing happens all to often maybe not always resoluting in death but believe me it can all to easily.

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  • Kara McArnMay 13, 2013 - 10:51 am

    To all of those who are blogging and giving real feedback, Thank you for your support. Apparently Justice Insider and Squeekie can't read, their education seems to go maybe at the preschool level. If they'd have been reading they would have read "I AM HIS MOTHER"!!! DUMBASSES!!! AND WE ARE NOT DEFENDING OUR SON AND WHAT HE WAS DOING THERE...HE SHOULDN'T HAVE BEEN THERE AT ALL...I WATCHED THE VIDEO....HE DID NOT START ANY ALTERCATION, HE DID NOT HAVE DRUG'S IN HIS SYSTEM, OR ON HIM, THAT DOES NOT MEAN HE WASN'T INVOLVED IN ANYTHING ILLEGAL...WE KNOW THIS!!! WE ARE NOT RESPONSIBLE FOR HIS ACTIONS...HE WAS RAISED IN A GOOD HOME JUST AS THE DEFENDANT WAS RAISED IN A GOOD HOME AND HIS FAMILY IS NOT RESPONSIBLE FOR HIS ACTIONS!!! I SAW HIS MOTHER, THE HURT IN HER EYES IS VERY CLEAR!!! SHE IS HIS MOTHER AND DESERVES TO NOT BE JUDGED!!! THE OTHER'S INVOLVED NEED TO BE HELD ACCOUNTABLE AS WELL!!! DEFINITELY!!! THEY WERE JUST AS INVOLVED ESPECIALLY OUR SON'S SO CALLED FRIENDS!!! WE APPRECIATE EVERYONE'S SUPPORT FOR BOTH SIDES INVOLVED AND PEOPLE ALSO NEED TO UNDERSTAND THAT WE ARE STILL HURTING DEEPLY AND OUR EMOTIONS WILL BE UP AND DOWN FOR A LONG TIME TO COME...We will be angry, sad, hurt, and say the wrong things but those who have gone through this will understand and even those who haven't but have love and understanding in their hearts understand as well. For those people commenting with details not released to the had to have been involved and should have come forward...only cowards withhold information. I do not want the defendants family treated badly for what they have no control over they were not the ones there. Again I saw the video...Try doing this!!! It is very hard...Thank you again to those who are supportive and we need to work harder at changing the laws to protect our future, our children's future, and remember our son has sibling's who have suffered a tremendous loss and are grieving terribly for there brother. They matter as well and the actions of our children are not a result of how they were brought up...they have brains and choices...our son was still our son as the defendant was still his mothers son!!! @ cookie65: so very true drugs are everywhere and some are even legal...we all need to take a stand...@ DeeDee...thank you so very much for your kindness, it is hard. All the support is needed for our family and his.

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  • DeeDeeMay 13, 2013 - 11:16 am

    Kara-you have done a good job raising the kids. A lot of people do not realize you are a fairly young step mom. I have seen you through the years and have first hand watched you in the stores etc., and you were firm but with a kindness and love those kids felt. God Speed for your son Gene and all of your family. Only time will ease the pain. Not completely take it away but will be a bit easier. Hold your heads up and keep on going. God Bless!!!

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  • squeekieMay 13, 2013 - 2:00 pm

    oh and im not hiding behind any false name squeekie is my given name.....sorry!!

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  • barf13May 13, 2013 - 4:00 pm

    I'm so sorry about our terribly racist and violent society. Because we, as a nation, have become so diverse, that it is destroying us. Coyotes cannot live with wolves, wolves cannot live with the common domesticated dog, but they are all in the canine family. Our country is becoming a hell hole of different races and religions and I think we are getting pretty close to the end. I don't think that the parents involved here should have been allowed to have children in the first place. Me, Cherokee.

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  • TooncesMay 13, 2013 - 4:21 pm

    Kara I am sorry for your loss, but your emotional responses are not helping your cause. I hope your family will find peace in the memories you have of your son.

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  • barf13May 13, 2013 - 5:01 pm

    Wow, I ferget which article I'm responding to. Is it Geno or Zippy, I'm so cornfused. Momma's, keep your boys home so they don't wind up dead!! Or better yet, ship them off to Afghanistan so that the rest of our society doesn't have to be afraid of them.

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  • concernedMay 13, 2013 - 5:20 pm

    I have just read all 32 comments, wow, I'm seeing pain ,hurt,anger,and a lot of words,I feel that most that left comments need to just stop,yes a person lost there life, for mistakes he made we get this,as for the person that was sentenced to 3 years this is what the judge handed down, don't take it out on the other party or friends or family, let it be, grieve for your loss,make a difference in the community, but stop the hate. and i'm sure geno wouldn't want this going on either,may geno rest in peace.

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  • OutsiderMay 14, 2013 - 7:34 am

    Concerned- well said. The back and forths are not helping either party involved. There are 2 sides to every story, people that are ill informed should keep their comments to themselves. Obviously there is much more to this story than anybody knows except those involved. If the DA has made this offer, there is a reason. If it was a cold hard MURDER case this wouldnt be the situation. There is a clear difference between MURDER and MANSLAUGHTER. Maybe those that are so "eduated" need a dictionary.

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  • HollieMay 14, 2013 - 8:16 am

    Such a tragedy all around. I hope everyone involved can someday find peace. I wont lie when i read this artical I was glad to see that it was realized that this was self defense and not murder. Steven would never just murder someone. I do not condone the actions of either side. Unfortunatly violence and drugs will always be a problem in our society.

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  • SteeleMay 14, 2013 - 11:57 pm

    I think the judge made a great decision! And great job on the law enforcement's part as well. We need to get these herion addicts off the streets before they rob and steal from others. All I can say was justice was done by the BARE hands of JUAREZ !!!! Put these dirt bags 7 feet under!!!

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  • saddenedbyourworldMay 15, 2013 - 2:21 pm

    Wow...I do not agree with the judges decision here, and am very saddened for the family of the deceased. It also saddens me that the defendants family has to go through losing a son as well. The McArn family: you are in our prayers, the Juarez family: you are in our prayers as well. What a tragedy...drugs are a horrible destructive part of our world and I know that all parties involved had something to do with them. How very sad...Juarez was dealing Heroin to some family member's of mine and was asked to leave our home several times. Our son made incredible bad choices and was good friends with Gene, he was doing drugs as well and was also asked to leave our home. Both parties have lost here but healing should take place now. I wish the best for both families and hopefully Juarez will see that drugs lead to these kind of horrible tragedies. He I hope will choose to live differently. What a shame. I do know this, Gene's family is grieving and the emotional roller coaster is going to continue to go up and down. They have forgiven the whole tragic situation, they know their son was not perfect, they know Juarez's family was at no time part of this. As a person who has been through the same situation, and lost a sibling the same way...your emotions are unpredictable! They are praying for the whole family of the defendant, as well as the defendant...they just need time to heal. They are good people as the Juarez family is also good people. Everyone should not put anyone down because no one wins here...what a sad sad situation :(

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  • Michael CJune 06, 2013 - 1:15 pm

    he was jumped not his fault he protected himself.

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  • IsraelSeptember 25, 2013 - 11:41 am

    Im glad My Nigga Didnt Get Life Thoe!!!!

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  • EddieJanuary 23, 2014 - 12:44 pm

    Eddie D. I just want to say that I grew up with Steven as a kid. He was a good kid, I never forgot the good times we shared. No one is perfect. I have alot of great memories of us growing up. Just want to tell Steven "keep your head up through the good and the bad" Trust in The Lord." only God can judge.

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