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Charges reduced in double killing

The gang member accused of shooting two young men Feb. 20 will not face murder charges.

By COLLEEN JENKINS
Published August 17, 2006

TAMPA - If Brian Joseph Lima is sentenced to prison, it won't be for life.

On Wednesday, Circuit Judge J. Rogers Padgett reduced the two most severe charges against Lima from second-degree murder to manslaughter.

Lima, 18, a member of the Bloods gang, is accused of killing two young men in Town 'N Country when he fired buckshot into a group known as the TNC Boys on Feb. 20.

He claimed he shot in self-defense. Prosecutors said he purposefully aimed his gun into a crowd of unarmed teenagers.

After the prosecution and defense rested Wednesday, Assistant Public Defender Kenneth Littman argued Lima's was "a classic manslaughter" case.

The state had not proved "ill will, hatred and spite or evil intent" on Lima's part, Littman argued. In a taped police statement played for jurors, Lima said he wasn't aiming at anyone and felt bad for hitting 16-year-old Sebastian Luengas because he thought Luengas was a good guy. Also, none of the teens could identify Lima as the shooter.

Padgett agreed key evidence of second-degree murder was lacking.

"There's no question about that," Padgett said.

Lima isn't out of the woods. Jurors will hear closing arguments and deliberate today. He faces up to 30 years in prison if found guilty of manslaughter involving a weapon. He also is charged with seven counts of aggravated assault with the discharge of a firearm, which carries a maximum 20-year penalty.

Though disappointed that a life sentence was off the table, one victim's sister said no amount of time for Lima would be enough.

"There's a piece of us that's gone forever," said Linda Sicignano, 20-year-old victim Michael Roberts' older sister. "It doesn't matter if he's on the street or in jail. He's alive."

[Last modified August 17, 2006, 06:26:36]