Convictions Upheld in South Cobb Murder Case

The state's high court today upheld the murder convictions of two brothers sentenced to life in prison for their roles in the Oct. 4, 2008, shooting death of a rival gang member in South Cobb.

Eduardo Delgadillo, a member of the rival Southsiders gang, rounded up about seven of his fellow Southsiders to rough up 17-year-old Eduardo Sifuentes after one of his friends allegedly disrespected Delgadillo's wife, according to court documents.

Authorities said Eduardo Sifuentes told his older brother and fellow Northsiders gang member about the incident, then asked Gerardo Sifuentes to come to the Ivy Commons Apartments with a gun. Gerardo Sifuentes, 22, took a loaded .12 gauge pump-action shotgun from a friend's shed, went to the apartment complex and ultimately shot three people, according to court documents.

Delgadillo, who was shot in the chest, died at the scene. The other two who were shot survived.

A Cobb County jury found the Sifuentes brothers guilty in August 2009 of malice murder, criminal street gang activity, weapons violations and other crimes. They were sentenced to life plus 25 years in prison.

They appealed to the Georgia Supreme Court. Both brothers argued that the evidence was insufficient to prove guilt and that their trial attorneys were incompetent. Gerardo Sifuentes said that he shot in self-defense and should have been granted immunity. He testified that he fired his weapon after he saw Delgadillo reach for his waistband.

The high court rejected all of their arguments, including Gerardo Sifuentes' self-defense claim.

"The evidence … supported a finding that the shooting was motivated by gang rivalry and a desire for revenge, rather than self-defense," Chief Justice Carol Hunstein wrote in today’s opinion. "The trial court thus did not err in concluding that Gerardo had not carried his burden to prove justification so as to entitle him to immunity." 

The Georgia Supreme Court did toss out theft by taking charges against Eduardo Sifuentes "as there was no evidence that Eduardo encouraged Gerardo to steal (the friend's) gun or had any knowledge that his brother had done so," Hunstein wrote.

Eduardo Sifuentes' conviction on one of two criminal street gang activity counts was also thrown out because it was based on theft by taking as the underlying crime.

For further contemplation and analysis, read the complete opinion on the Georgia Supreme Court's website.