Third defendant sentenced in La Placita robbery, slaying

Published 3:00 pm Wednesday, June 2, 2021

Following the recommendation in a plea agreement, a federal judge sentenced one of the defendants involved in the deadly 2017 robbery of La Placita market to 12 years and two months in prison.

The sentenced was imposed Wednesday on Jose Adan Mejia Varela, who admitted his involvement in the robbery of the Morgantown Road store in which Jose Cruz, 31, was shot and killed while attempting to intervene March 17, 2017.

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Varela pleaded guilty in U.S. District Court earlier to charges of murder through use of a firearm during a crime of violence, conspiracy to interfere with commerce by robbery, interference with commerce by robbery, conspiracy to carry or possess a firearm during a crime of violence and illegal possession of a firearm.

A few of Cruz’s relatives attended Varela’s sentencing at the federal courthouse in Bowling Green.

“He showed no remorse for human life,” Cruz’s niece, Emily Nunez, said while addressing the court. “I can’t feel safe for long in a room with him, I wouldn’t want a stranger’s family near him at all.”

Varela was one of 13 people from Nashville charged with taking part in a conspiracy to rob a multitude of businesses in Kentucky, Tennessee, North Carolina and Indiana.

The robbery of La Placita was the only one in which a death occurred. While investigating Cruz’s death, law enforcement uncovered the multi-state robbery conspiracy.

All co-defendants have been convicted, and many have been sentenced.

Federal sentencing guidelines, which factor in a defendant’s prior criminal history and the nature of their conduct during a criminal offense, called for a sentence of 292 to 365 months. Federal prosecutors and Varela’s attorney agreed that the 12-year, two-month sentence was appropriate for Varela, citing his lack of prior criminal history, his role in the conspiracy and his testimony at last month’s trial against co-defendant Jorge Caballero-Melgar, in which Varela identified him as the ringleader.

At that trial, jurors viewed video surveillance footage from La Placita of the robbery.

The video showed Varela enter the store with Jonny Reyes-Martinez and restrain the people in the store and then take money from the register.

Varela exited the store, only to return when Reyes-Martinez and Cruz began struggling with each other.

Cruz had come to the store to pick up his child and happened upon the robbery, according to prior testimony.

During the struggle, Varela tried to use his firearm as a club to strike Cruz, and Reyes-Martinez fired his weapon, the bullet striking Varela in the elbow before fatally wounding Cruz.

Trial testimony indicated that Varela and Reyes-Martinez later met up with Caballero-Melgar, who served as lookout, in Tennessee to split the money stolen from La Placita.

“The fact of the matter is (Varela) was involved in the scuffle that resulted in Mr. Cruz’s death,” U.S. District Court Chief Judge Greg Stivers said in court. “That death was what brought all these cases together.”

Speaking through an interpreter, Varela apologized for his actions.

“I know it’s difficult for you to forgive me, if you can’t do it now, I hope the moment will come when you can,” Varela said, addressing Cruz’s family through an interpreter. “That man didn’t deserve to die. … I wish the shot just hit me straight on and hadn’t hit him at all.”

At Wednesday’s hearing, Maria Cruz, Jose Cruz’s mother, had planned to give a victim impact statement, but was too overcome with emotion to address the court.

Assistant U.S. Attorney Marisa Ford said Jose Cruz was Maria Cruz’s only son.

“It’s apparent she continues to grieve almost as if the events of four years ago just happened,” Ford said in court.

Varela’s attorney, Brian Butler, said his client grew up impoverished in Honduras and labored from an early age while attaining minimal education before coming to the U.S.

In preparing for the case, Butler showed the surveillance footage from La Placita to Varela, which Butler said left Varela in tears.

“I do believe he is genuinely and sincerely remorseful for what has happened here,” Butler said. “He never intended for this to happen to anyone.”

Reyes-Martinez and Caballero-Melgar await sentencing on the same charges for which Varela was convicted.

Two other co-defendants, Lilian Duron and Estrellita Soto, pleaded guilty to a robbery count and have been sentenced, Duron to four years in prison and Soto to five years and 10 months.

– Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.