Son gets 151 months in parental assault
“He admitted that he stabbed his father at least 10 times,” Yamhill County Deputy District Attorney Ladd Wiles said at Mojica’s plea and sentencing hearing Wednesday in Yamhill County Circuit Court.
“He wanted to hurt his father. He didn’t care. He did say he loved his mother.”
Defense counsel Carol Fredrick said Mojica’s father, Onorio Mojica, had battered and berated him incessantly. Finally, at the age of 30, he had finally reached his breaking point, she said.
He didn’t lash out at his stepmother, Tomasa Leal, until she intervened on behalf of her husband, testimony showed.
Wiles conceded the younger Mojica, who is deaf, had been subjected to lifelong abuse at the hands of his father — to the point where he suffered from post-traumatic stress disorder as an apparent result. But he said that did not excuse the defendant’s conduct.
Judge Cal Tichenor agreed, sentencing Mojica to 151 months in prison — more than 12 1/2 years. He was also ordered to serve 36 months of post-prison supervision and pay about $5,000 in restitution.
He got another 95 days for attacking and biting sheriff’s deputy Todd Swift at the county jail in October. The charge in that case was attempted assault on a public safety officer.
Mojica pleaded guilty to one count each of first-degree assault, a Class A felony, and second-degree assault, a Class B felony, in the stabbing case. In exchange, one count each of attempted murder, first-degree assault and interfering with making a report, in addition to two counts each of menacing and unlawful use of a weapon, were dismissed.
Addressing the court with the assistance of certified American Sign Language interpreter Edward Alletto, Mojica said his father had beaten him to the point where, in retaliation, he had committed “serious, terrible crimes.”
Tichenor asked him if he understood that he was pleading guilty to three crimes. Mojica said he did, acknowledging, “I did those crimes.”
The judge advised him to refrain from making any statements about the actions he took at the residence. However, he blurted out, “I did try to hurt and kill my father. I’m sorry about that.”
The stabbings occurred on a weekday evening in a bedroom at an apartment the family was renting on Southwest Fellows Street, across from Columbus Elementary School.
His father lost so much blood that medical personnel feared for his life. However, both of the victims ultimately recovered.
Wiles said the victims had gone out to dinner. When they returned, an altercation arose.
Mojica began punching his father, then slashing him. When his stepmother intervened, Mojica turned on her as well.
She attempted to call 911, but he knocked the phone from her hand and fled, Wiles said. His father then placed the call.
Mojica went to a cousin’s residence on Southeast Ford Street. There, he wrote a note, saying he thought he had killed his father.
Mojica, who faces deportation when he’s released from prison, told the court, “I remember my father trying to rape my sister, a long time ago. I’m shocked my father will be allowed to stay in the United States.”
He said he had repeatedly asked his father to leave him alone. “I got tired, frustrated and fed up,” he said.
This will be Mojica second term in prison.
In 2005, he was convicted of two counts of attempted second-degree kidnapping and one count of harassment involving intimate touching. He didn’t receive any prison time initially, but served 26 months for violating terms of his probation.