The attorney for a man who robbed La Placita market and was present for the death of a man who was shot while intervening has requested a 146-month prison sentence.

Jose Adan Mejia Varela is set to be sentenced Wednesday in U.S. District Court in Bowling Green for his role in the March 17, 2017, robbery in which Jose Cruz, 31, died while attempting to stop it.

Varela pleaded guilty 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.

Five people were charged with various offenses in connection with the robbery of the Morgantown Road store, and they have all been convicted.

Court records said the robbery was one of many robberies that took place in primarily Hispanic-owned stores in Kentucky, Tennessee, North Carolina and Indiana by a group of people based in Nashville during 2016-17.

On May 27, Varela’s attorney, Brian Butler, filed a sentencing memorandum requesting that Varela receive a sentence of 12 years, two months in prison.

Butler’s memorandum conceded Varela’s participation in the armed robbery but argued that Varela did not intend to cause Cruz’s death.

Following the robbery, Varela left the store, returning to assist a co-defendant, Jonny Reyes-Martinez, who was struggling with Cruz.

During the struggle, Varela attempted to use his pistol as a club to break up the melee, and Reyes-Martinez fired a shot that struck Cruz in the back and Varela in the elbow.

In his filing, Butler notes that when first he showed Varela surveillance video footage of the robbery, Varela began crying.

“This case is heart wrenching,” Butler said in his memorandum. “No one who reviewed the surveillance video of Mr. Cruz’s children falling on their dying father will ever forget the emotional impact. Critically, however, Jose did not intentionally or knowingly cause the death of Mr. Cruz. … While his conduct warrants significant punishment, he is clearly the least culpable of the three primary participants of the La Placita robbery and the associated murder of the victim.”

According to court records and testimony, Jorge Caballero-Melgar acted as a lookout during the robbery, and Reyes-Martinez and Varela met with him in Tennessee afterward to split the money taken from La Placita.

A native of Honduras, Varela grew up in a rural village, has limited education and worked in the fields from a young age, according to Butler’s filing. He was close to an older brother who was murdered, and he fled Honduras for the U.S. in 2011, where he worked in manual labor for several years and raised three daughters.

Butler said Varela had no prior criminal history prior to committing the robberies, and argued that his testimony against Caballero-Melgar at the latter’s trial earlier this month in Bowling Green argues in favor of leniency.

Federal sentencing guidelines recommend a sentence of 292 to 365 months for Varela, but Butler indicated in his memorandum that federal prosecutors support his request for a 146-month term.

“Jose accepted responsibility for his actions and did everything he was able to do to make amends,” Butler said. “As demonstrated in his heartfelt and unsolicited apology during the change of plea hearing, Jose genuinely feels remorseful about his actions. He lived a good life before he foolishly joined in this conspiracy. He will pay dearly for Reyes’ decision to fire his weapon.”

Reyes-Martinez and Caballero-Melgar await sentencing for their crimes. 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.