Michael LaChappa
sentenced to
26 years for attempted murder
By Neal Putnam
The Alpine Sun
EL CAJON - Michael Edward LaChappa was sentenced March 1 to
26 years in prison for his attempted murder convictions stemming
from when he and someone else shot dozens of bullets into an
occupied home on the Viejas Indian Reservation in 2008.
Neither LaChappa, 33, of Alpine, or the victims, Alan
and Wendy Banegas spoke during the sentencing conducted by El
Cajon Superior Court Judge Lantz Lewis. A restitution hearing
was set for April 7 to see if LaChappa owes the couple any
damages from the 1:15 a.m. incident on Oct. 11, 2008.
Sheriff's deputies discovered 54 bullet holes in the
home and LaChappa and someone else apparently shot 62 times.
Neither Alan or Wendy Banegas were wounded, but things were
broken in their home.
LaChappa's wife and 12 other friends and family members
attended the sentencing, but no one wanted to comment, said his
attorney, Greg Turner. The Banegas couple left quickly
afterwards.
Lewis imposed 25 years for attempted murder of Alan
Banegas and added one year consecutively for LaChappa committing
a robbery of a woman on Oct. 16, 2010, while he was out on bail.
Lewis imposed five years for attempted murder of Wendy Banegas,
but ruled it be served concurrently.
Lewis fined LaChappa $10,756, and brought up the idea
of LaChappa paying for certain costs of his incarceration since
he would be receiving a check from the tribe every month.
LaChappa's attorney said his client “would be banished from the
tribe” if his checks were to go to pay for prison costs.
This issue might be decided by prison officials, but
the judge can't order any payments LaChappa might receive while
in prison.
“The sheriff will transport you, Mr. LaChappa, to the
Department of Corrections,” said Lewis. “Good luck to you.”
LaChappa received credit of 650 days already spent in
jail which will be deducted from his term.
When LaChappa pleaded guilty Dec. 22, 2010 to two counts of
attempted murder and robbery, a “stipulated term” of 26 years
was agreed upon by both sides. Both attorneys said little in
court.
Deputy District Attorney Kristian Trocha said earlier
the motive for the shooting apparently involved an earlier fight
with a relative of the Banegas couple, and LaChappa may have
sought revenge.
Another suspect, Pope Vigil, 27, of Alpine, was
arrested with LaChappa and charged with firing rounds into the
Banegas home. Vigil hired former District Attorney Paul Pfingst
who researched the evidence and interviewed witnesses who
claimed Vigil was elsewhere at the time of the shootout.
Pfingst said his client was in possession of a pistol,
but it did not match evidence such as shell casings found
outside the Banegas home. Pfingst said he persuaded the DA's
office to drop the attempted murder charges, and Vigil pleaded
guilty to being a felon in possession of a firearm.
Vigil was sentenced Jan. 10 to six years in prison by
Lewis and fined $1,664. Vigil had a prior record from 2003 for
carjacking.
LaChappa had some old cases pending from 2006 and 2008
involving misdemeanor charges of dissuading a witness, battery
of a woman, and making a criminal threat, but those cases were
dismissed out right after he settled the case involving the
shootout.
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