Miguel has been in Prison for 21 years, Charged as an Accomplice under the Felony-Murder Rule
Miguel was arrested at 19 for his participation in a 1998 robbery during which an Alameda County Sheriff’s Deputy was tragically killed by another person. We know that the deputy’s death weighs heavy on the hearts and minds of his loved ones and the local law enforcement community. But after over two decades of incarceration for his participation in the robbery, we believe Miguel is ready and deserving of release.  

Sentenced to Murder for His Participation in A Robbery
At the time of his arrest in 1998, Miguel had never been in trouble before and he was planning to attend college. In 2003, Miguel was convicted of first-degree murder and sentenced to 26 years to life. Although everyone knew that Miguel was not the person who killed the officer, the felony murder rule allowed him to be convicted of murder because he was involved in the robbery. He has now been incarcerated for over 21 years.

In 2018, California passed a bill to reform the felony murder rule - the law used to imprison Miguel and so many others. Senate Bill 1437 (Skinner) gave people who had previously been convicted as accomplices under the felony murder rule a chance to be resentenced. The reform had exceptions though, including that if the person knew that the victim was in law enforcement, they would be ineligible for relief. All the facts of Miguel’s case confirmed that he never once saw, heard or interacted with the victim. He never even learned that Deputy Monego had arrived on the scene, or had been shot until after he had been arrested for the robbery. Even the trial prosecutor stated this on that Miguel never knew there was a law enforcement officer victim on the record. But, under the new law, for Miguel to be resentenced, there would need to be a hearing to determine if he knew the victim was law enforcement.

Denied Resentencing Despite Being Eligible for Relief Under SB 1437 
In March 2021, Miguel was denied resentencing in Alameda County. The judge used a legal standard different than the one outlined in the new law. As a result, Miguel continues to be in prison for a murder he did not commit.

Miguel takes accountability for his role in the robbery, and the harm he caused, but everybody acknowledges that he did not commit a murder. During his trial, the jury determined that Miguel was not a “major participant” in the robbery, nor had he acted with “reckless indifference to human life.” Under SB 1437, people found “not guilty” of these “special circumstances” are entitled to immediate resentencing. This means that if the victim in this case had not been law enforcement, Miguel would have been resentenced soon after the law went into effect in January 2019. Miguel was instead denied resentencing even though all evidence showed that he never once saw or interacted with the victim or even knew he arrived at the restaurant. 

Journey of Transformation and Healing
Miguel is a practitioner of Restorative and Transformative Justice and he has worked hard on himself and served his community in prison. He takes responsibility for his actions during the robbery that led to the sheriff deputy losing his life and does not minimize this or seek to avoid accountability in any way. He also takes accountability for the harm he caused to anyone else present at the scene that day, and welcomes the opportunity to speak with, and to try and make amends to, anyone affected by his actions. His desire is not merely to seek forgiveness for the harm he caused, but to be of service in repairing that harm. Restorative and Transformative Justice principles also dictate that people should be held accountable according to their actual conduct, and that punishing people more than what is proportionate to their actions is inhumane and unjust. 

Time to Bring Miguel Home 
It is time for Miguel to come home. There are several pathways for him to be released and we are asking that those with the authority to release him — including Governor Gavin Newsom — recognize that he has served enough time and he is ready to come home.

We, Miguel’s family and community, believe that his conviction and 21 years in prison is unjust. Please sign the petition supporting Miguel’s return home!