Leo Cisneros was sentenced to 15 years in prison today for selling marijuana out of his family’s Denver apartment, nearly two months after a jury found him not guilty of child abuse resulting in the death of his daughter, Auralia.
“I am really sorry for the decisions I’ve made in the past and I am going to have to live with this nightmare the rest of my life and do my best to walk the path of God,” Cisneros said to Judge William Robbins.
Cisneros, 31, was convicted of possession with intent to distribute marijuana and having a gun while dealing drugs.
Cisneros escaped decades behind bars for the shooting that occurred at the apartment on Nov. 26, 2007. But he still faced significant time on the drug charge — a prison term of eight to 48 years in prison.
Three men tried to force themselves into the Cisneros family home the night Auralia was killed and they exchanged gunfire with Leo Cisneros. Auralia was shot in the face in the crossfire.
The intruders — Trivi Trujillo, Joshua Rojas and Juvencio Hernandez — all pleaded guilty in the case and are serving between 16 and 24 years in prison.
The Cisneros family believes Trujillo shot Auralia through a window of the family’s apartment and criticized Denver police for not testing the paths of the bullets. The Denver police believe Cisneros’ bullet killed his daughter.
The jury did not have to determine whose bullet killed the girl or decide whether Cisneros was allowed to shoot at the intruders because under Colorado’s “Make My Day” law, he had a right to defend his home.
Prosecutor George Poland told the jury that Cisneros sold a pound of marijuana from the family apartment every 10 days and allowed people to knock on the front door and walk inside to get their drugs.
He said Cisneros placed his child in a dangerous environment that led to her death and that he should have foreseen that a home-invasion robbery could occur.
When questioned by police, Auralia’s mother admitted that Cisneros occasionally allowed Auralia to hand over the marijuana to customers.
Poland also told the jury that Auralia was holding a baggie of pot in her pocket at the time of her death.
But Auralia’s mother, along with a neighbor and one of the first Denver officers at the scene, testified they saw Auralia’s hands across her chest at the time of her death.
