LAKEPORT — A judge sentenced Kevin Ray Stone, who reached a plea agreement for his role in the murder of a toddler last spring, to 10 years and four months in state prison Tuesday afternoon.
Stone, 30, was originally the third co-defendant, along with Paul Braden and Orlando Lopez Jr., in a June 18, 2011 Clearlake shooting in which Skyler Rapp, 4, was killed. Four adults and one underage teenager were wounded in the shooting.
In November, Stone reached a plea agreement with District Attorney Don Anderson in which he pleaded no contest to the felonies conspiracy to commit robbery, possession of a firearm by a prohibited person and accessory after the fact. He also agreed to testify against Braden and Lopez.
Komnith Moth, Stone”s attorney, asked Judge Stephen O. Hedstrom to consider a motion for Stone”s temporary release to appear for an interview to get into a drug treatment program at the Delancey Street Foundation in San Francisco.
Moth said Stone admitted he had a drug problem that caused much of his 14 prior misdemeanor convictions and that he wanted to get help. Hedstrom denied the motion.
Moth then read a statement on behalf of Stone in which Stone said he had the “utmost sympathy” for the Rapp family for their loss and that he appreciated the opportunity to bring those responsible for the crime to justice.
Stone”s testimony during the trial placed Braden and Lopez with shotguns at the scene of the crime and identified Braden as a gunman, though he did not identify Lopez as a shooter.
Stone testified Lopez contacted him to do a “lick,” or a robbery for drugs.
He testified to picking up the two men, who were armed with shotguns. He drove to his then-girlfriend”s apartment, went inside and returned with a rifle.
He testified they drove to a house in Clearlake and entered a backyard. Stone saw Braden fire a sawed-off shotgun and said he ran from the scene. Braden and Lopez soon followed and Stone drove away from the scene at a high-rate of speed, crashing into a tree.
He said the three men tossed their weapons into some bushes and fled the scene separately.
Moth argued all the charges Stone pleaded to happened continuously and, as such, his sentences should be rendered concurrently.
Anderson said he agreed with Stone”s probation report, which recommended the maximum consecutive sentences for all three counts.
Hedstrom said Stone had opportunities for drug treatment in the past.
He said Stone”s 14 prior misdemeanor convictions, which included reckless driving, being under the influence of a controlled substance and a recent domestic battery, along with being armed at the time of the felony charges made him ineligible for probation because of the “serious nature of the crimes.”
Hedstrom said Stone was a willing participant in the events of that night and the rifle he picked up that night was in his possession before the shooting. Because of that, Hedstrom sentenced him to the maximum term of nine years in prison for the conspiracy charge.
Stone was prohibited from owning a gun at the time of the shooting because he was on summary probation. For this, Hedstrom sentenced him to eight months in prison. Hedstrom also sentenced him to another eight months for the accessory after the fact charge.
Hedstrom said Stone already served 405 days in custody, but an issue arose after it became unclear how much time he would get credit for.
Hedstrom continued the hearing to Thursday at 3 p.m. at the Lake County Courthouse.
