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Pueblo District Attorney requests hefty sentencing for drive-by shooter

PUEBLO, Colo. (KRDO)-- December 14, 2020, is a morning the Jones family in Pueblo will never forget. They were in their beds at four in the morning when 12 bullets came flying through their home nearly striking and killing one of their young sons.

"It was terrifying. It was like we got ambushed," Joseph Jones said. "We just hit the floor ducked for cover and just waited for the bullets to stop. It seems like it took forever."

Police say the man responsible is 20-year-old Diego Luna. According to the arrest affidavit obtained by KRDO, the shooting stemmed from a verbal altercation between Luna and Jones' oldest son. However, Jones' son was not present in the home the morning of the shooting.

Diego Luna via Pueblo County Sheriff's Office

When Pueblo Police officers were interviewing Luna, he shook his head "yes," when asked if he knew young children were located in the home. Additionally, the officers said he nearly killed Joseph, Candice, Preston, and Mecca Jones, the family of four in the home.

Luna was originally charged with attempted homicide, according to court records. However, his plea deal brought the charge down assault with a deadly weapon, a crime typically punishable by 1-20 years in prison.

In a statement to KRDO, Pueblo District Attorney Jeff Chostner said: "My attorney on the case, Anne Mayer, will be requesting that the judge impose a 24-year sentence.  An aggressive tact was taken on this case and I think it will lead to a good outcome for the community no matter within that range."

Throughout the sentencing process, Joseph Jones has asked the judge to impose a 12-year sentencing for Luna.

"He shot our house up 12 bullets and I was thinking a year for each bullet," Jones said.

Joseph Jones

That is exactly what Luna received. Honorable Judge Allison Ernst said in the courtroom Tuesday that Jones calling for a 12-year sentence factored in her decision to deny the prosecution's call for 24 years. Also, she stated that Jones' act of forgiveness towards Diego Luna was "amazing."

Raquel Luna, the mother of Diego Luna, spoke to KRDO after her son's sentencing.

"His history is not an excuse for his behavior. My parenting is not an excuse for his behavior," Luna said. "He's my boy and he has stuck to me like glue no matter what and we are going to be there for him."

Nonetheless, the morning of December 14th, 2020 still sticks in the minds of the entire Jones family.

"The only emotion you have in that moment is fear because you are not even really thinking about yourself. You are thinking about the kids. You can't get up because the bullets are flying through the window," Jones said.

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Sean Rice

Sean is reporter with the 13 Investigates team. Learn more about him here.

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