Moya sentenced for Perryburg Township murder of girlfriend PDF Print E-mail
Written by BILL RYAN Sentinel Staff Writer   
Friday, 31 May 2013 13:17
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Jose Moya leaves court after receiving a mandatory 18 years to life in prison. (Photo: J.D. Pooley/Sentinel-Tribune)
An emotionless man appeared in court Friday morning for the murder of his “on again, off again” girlfriend.
Jose Moya’s no contest plea resulted in him being sentenced to a mandatory 18 years to life in prison for the July 22, 2012 deaths of a 21-year-old Perrysburg Heights woman, Leandra Frankum.
Moya, 24, of Toledo, entered the plea Friday morning before Wood County Common Pleas Court Judge Alan Mayberry.
As part of the plea agreement, a count of tampering with evidence was dismissed as was a specification identifying the defendant as a repeat violent offender. The murder charge, an unclassified felony, carries a mandatory 15 years to life in prison. The sentence includes an additional three years for a firearm specification for use of a gun in the crime.
Monica DeLeon, a victim’s advocate with the Wood County Prosecutor’s Office, read a letter from the victim’s mother, Trina Frankum.
The letter was written partly to her daughter noting how “her life was just started.” She expressed to Moya how “you don’t hurt someone you love.”
The letter closed with a direct comment to Moya saying, “I will be praying for you, Jose, because you will be spending you life in hell.”
The prosecuting attorney in the case, Gwen Howe-Gebers, echoed the mother’s remarks telling the court, “Leandra had a full life ahead of her. She was a good mother and a good daughter. That was all taken away.”
Moya’s attorney, Adrian Cimerman, did not say much, noting to the judge that the sentence was “dictated by statute.” He asked for credit for time served.
Moya stood silently in his jail-issued orange uniform for most of the proceedings. He had little or nothing to say throughout the proceedings, answering the judge’s questions with “No sir” more than 30 times. When asked to confirm his plea Moya said “It’s my decision.”
He showed no reaction to any of the proceedings including the emotional letter. However, a slight unexplained smile crossed his face as he was being led out of the courtroom.
Howe-Gebers outlined the details of what would have been presented to a jury had the case gone to trial.
In short, Moya and the victim had the “on again, off again relationship” and had been arguing throughout the evening prior to her death.
The attorney said witnesses would have testified to what they saw and heard at the time of the murder.
“He led her to the bathroom of the trailer, put his hand over her mouth and they heard a pop,” Howe-Gebers said. “Leandra fell to the floor.”
Tears were flowing in the courtroom, which was filled with friends and family of the victim. There were also friends and family of Moya in the courtroom and at least two of them were wiping their eyes as well.
Howe-Gebers said Moya left the scene, disposed of his clothing and later appeared at a local hospital for treatment of a gunshot wound to his hand. He fired only one shot from the .38 caliber gun which pierced his hand where he was holding Frankum.
The attorney said DNA evidence along with the bullet and other evidence would all link Moya to the murder.
In ordering the sentence, Mayberry told Moya, “I have no discretion. Your sentence is fixed by statute.”
Moya is thus facing a minimum of 18 years before he can request parole. Howe-Gebers said after the proceedings that the state will oppose any parole because of his prior record and lack of remorse. He was convicted through Lucas County of felonious assault in March 2008.
Moya’s younger brother, Raul Moya, 18 at the time of sentencing and also of Toledo, pleaded guilty last October to obstructing justice in this case and was sentenced to one year in prison by Mayberry in December.
Last Updated on Friday, 31 May 2013 13:33
 

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