Convicted Shooter Appeals Consecutive Sentence from 2014 Smyrna Party Incident

Jun 28, 2024 at 09:10 am by WGNS News

Above: Larry E. Orozco

RUTHERFORD COUNTY, TN - The man convicted for opening fire at a party on Rock Springs Road in Smyrna in September of 2014 is now disputing his consecutive sentence in an appeal.

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Just 10 days before his 19th birthday, Larry E. Orozco and an accomplice decided to rob Rene Chavez, Sr. during a family party. During the incident, Chavez, Sr. punched Orozco, prompting him and his accomplice to start shooting, injuring Chavez, Sr. and his son. During the 2014 investigation, both victims identified Orozco as the shooter, and several parents of children at the get-together testified against him in court. Two guns, found in the apartment where Orozco was arrested, matched shell casings from the crime scene, further tying him to the crime.

In 2016, Orozco was convicted of attempted second-degree murder, unlawful employment of a firearm during a felony attempt, and reckless endangerment with a deadly weapon, receiving a 31-year prison sentence. His convictions were upheld on appeal, but the sentence review was waived due to a missing transcript. Orozco later claimed ineffective assistance of counsel, leading to a delayed appeal. He now disputes the consecutive nature of his sentence, arguing the trial court incorrectly labeled him a dangerous offender and failed to follow necessary procedures.

As noted in The Court of Criminal Appeals' review of the case, which was filed with the Clerk of the Appellate Courts on Wednesday, June 26, 2024, clerical errors in some judgments were confirmed, which require correction, but the overall decision of a 31-year sentence was upheld and affirmed.

Going back to the original sentencing, the trial court imposed an effective sentence of 31 years of confinement. The sentences received include nine years imprisonment for count one of attempted second-degree murder and nine years for count two of attempted second-degree murder, each to be served consecutively. His third and fourth counts of employing a firearm during a dangerous felony each equaled consecutive sentences of six years, totaling 12 years imprisonment, followed by a one-year sentence to run consecutively for reckless endangerment. He was also convicted on additional reckless endangerment counts, all of which equaled concurrent sentencing, meaning the sentencing is combined with the prison time he will serve throughout the next 31 years.

Because his sentence began on September 6, 2014, it will end in September of 2045. Orozco's sentence will come to a close a few days before his 50th birthday. Currently, the 28-year-old is behind bars at the Turney Center, located in Hickman County, TN.

 

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