Father sentenced to 15 years on charge tied to daughter's death

DENVER - Attorneys for Leo Cisneros invited jurors to convict him on a felony drug charge. They did, and a judge sentenced him to 15 years in prison.

Cisneros was acquitted in September of a more serious charge of child abuse resulting in death. But he was found guilty of a felony drug charge.

His 10-year-old daughter, Auralia, was shot and killed on Nov. 26, 2007 as her father exchanged shots with intruders at their door.

Cisneros admitted he was selling marijuana from the family's home.

Cisneros, who did not testify during his trial, addressed the court prior to sentencing.

"I'm really sorry for the decisions I've made in the past and I am going to have to live with the nightmare for the rest of my life," Cisneros said.

Cisneros, who has lost more than 200 pounds since being arrested, told Judge William Robbins he had "found God" while in prison.

Judge Robbins said he took into account that Cisneros' drug dealing drew dangerous people closer to children living in his neighborhood.

The case was closely watched by legal observers because of the unconventional prosecution. The Denver District Attorney's office chose to prosecute Cisneros at trial while offering the robbers plea deals on second-degree murder charges.

The three robbers, Joshua Rojas, Trivi Trujillo and Juvencio Hernandez, received sentences between 16 and 26 years in prison.

Rojas and Trujillo testified during Cisneros' trial.

Cisneros, 29, could have been sentenced to eight to 48 years in prison.

Defense attorneys said most defendants in Denver facing the same "special offender" felony drug charge for possession of a weapon and marijuana had more than 100 pounds of pot. Cisneros had one pound of marijuana at the time of the shooting.

At trial, jurors rejected the prosecution theory that Cisneros could "reasonably forsee" he might be robbed of drugs and money and chose to place his family in that dangerous environment.

Arguments by prosecutors and defense attorneys at sentencing mirrored those made during the trial.

"The defendant chose to sell marijuana as a business," Chief Deputy District Attorney Greg Poland said. "The defendant chose, on occasion, to have his elementary school age daughter hand marijuana to customers."

"Auralia Cisneros had no choice," Poland said, telling the court that the girl was "literally placed in the line of fire."

"No one had felt the devastation of this case more than Leo Cisneros himself," defense attorney Laura Menninger said. "He has lost virtually his entire life as he knew it."

"The jury's verdict here needs to be respected," Menninger said. "Their decision was that Leo Cisneros was not responsible for the death of his daughter."