OGDEN — A Clearfield man with several prior criminal convictions has been sentenced to probation after pleading guilty to charges from an Ogden drive-by shooting.
The Weber County Attorney’s Office argued Thursday that Daniel Antonio Madera, 23, should serve prison time for the drive-by, which occurred at about 1:15 a.m. Sept. 11, 2020.
Ogden police said they found three bullet holes, two in one car and one in another. Officers stopped a pickup truck and arrested Madera and Julio Cesar Granados. Officers found three unspent .40 caliber shells in the truck cab and a .40 caliber handgun hidden near where the truck was stopped.
No one was injured in the gunfire.
Madera pleaded guilty April 15 to second-degree felony possession or use of a firearm and third-degree felony discharge of a firearm — both of those counts for aiding and abetting — as well as class B misdemeanor DUI. Charging documents said he was intoxicated with alcohol and had THC and cocaine in his system.
In return for the guilty pleas, prosecutors dropped two other charges and dismissed another criminal case pending against Madera.
Madera’s attorney and a Utah Adult Probation and Parole presentence report recommended Madera receive probation rather than prison time.
Supporters of Madera sent letters to 2nd District Judge Joseph Bean, giving character testaments and urging leniency.
Three customers of landscaping and handyman work done by Madera and his family attested to the family’s industriousness and Madera’s hard work and respectful attitude.
“Our family has always believed in hard work, integrity and goodwill toward others,” an aunt of Madera’s wrote. “His criminal behavior is very much the opposite of how he was raised.” She said Madera “has a big heart” and added, “I believe he isn’t a danger to anyone.”
In her letter, his mother said, “He found himself being in such bad company and not thinking clearly, being under the use of alcohol.”
Madera admitted being the driver in the shooting, according to the plea bargain.
Prosecutors argued for prison time because of the violent nature of the drive-by shooting and due to Madera’s prior record, which included third-degree felony possession of a firearm by a restricted person and misdemeanor charges of making a threat of violence and possession of narcotics.
Madera also jumped bail a month after his arrest, failing to show up for court. He was taken into custody again in January.
At the sentencing Thursday, Bean agreed with the recommendation by the state probation agency and the defense. He sentenced Madera to a suspended term of one to 15 years in prison, plus 180 days in the county jail — with credit for 137 days already served there.
Madera then will be on probation for 36 months.
His co-defendant, Julio Cesar Granados, 25, faced similar charges, but they were dismissed in April because the U.S. Attorney’s Office in Salt Lake City decided to prosecute him in the federal courts.
He is charged there with being a felon in possession of a firearm and ammunition — the .40 caliber Glock handgun and ammo that Ogden police reported finding.
If convicted, Granados could face up to 10 years in federal prison and 36 months’ probation.
State court records show Granados has been convicted of assault by a prisoner, escaping from custody, failing to stop for police and attempting burglary.