Public Safety
Life Without Parole Sentence Upheld For Man Convicted in Botched Robbery Death
An appeals court has upheld the life-without-parole sentence of a young man who gunned down another man during a botched robbery in Cathedral City over $50 worth of marijuana.
Jacob Paul Winters, 23, was convicted in October 2016 of murder and being a convicted felon in possession of a firearm. Jurors also found true a special circumstance allegation of committing murder in commission of a robbery.
Hector Perez, 21, was found wounded in his car at 12:53 a.m. on March 21, 2016, near the area of Baristo Road and Date Palm Drive. He had been shot in the upper body and was conscious when rescuers arrived, but died at Desert Regional Medical Center about an hour later.
Deputy District Attorney Manny Bustamante said Perez was called to the parking lot of a Sonic Drive-In restaurant in Cathedral City to sell marijuana to a woman. But when he and a friend reached the scene, they saw two men — not the woman who called Perez, the prosecutor said.
Bustamante told jurors that Winters leveled a rifle at Perez’s friend while an unidentified accomplice, who is still at large, reached through the driver’s side window to take Perez’s keys out of the ignition. Perez then tried to move the rifle barrel away from his friend’s face, prompting Winters to shoot him, the prosecutor said.
“It was a simple plan, with a simple motive, that suddenly went horribly wrong,” Bustamante said.
Perez sped off from the parking lot to the area of Baristo Road and Date Palm Drive, where police found him after his friend called 911.
Winters was arrested three days after the shooting at his stepfather’s home on Avenida Quintana. He told police that he was sleeping at his mother’s home in Desert Hot Springs on the night of the shooting.
Defense attorney Arnold Lieman argued that Winters was never at the scene of the crime, and that the robbery motive made no sense, as Winters would not need to rob Perez to get marijuana. Winters was known to sell the drug and testified to that during the trial, Lieman said.
According to court records, Winters has a prior felony conviction for selling marijuana. Bustamante countered that they “weren’t looking to buy (marijuana.) They were looking to take what wasn’t theirs.”
Winters’ attorneys argued in the appeal that he did not act with the intent to kill, rendering his conviction and sentence “contrary to contemporary values, the laws of a majority of states, and do not serve the legitimate penological purposes of retribution and deterrence,” according to the appeals court’s opinion. The defense argued that convicting someone on the special-circumstance allegation without the intent to kill violated the Eighth Amendment against cruel and unusual punishment.
A three-justice panel disagreed Monday in affirming Winters’ sentence, stating that whether or not he intended to kill Perez, pointing a rifle at him showed an “`utter indifference’ to the value of human life.” The panel ruled that precedent showed that even without the intent to kill, it has been held that defendants can be subject to the death penalty, as well as life sentences without the possibility of parole.
By: NBC Palm Springs
May 1, 2018
Latest Instagram Posts
🚨 FINAL SCORE: FIREBIRDS WIN! 🔥🏒 A big night for the Coachella Valley Firebirds! The Birds take care of business with a convincing 5-1 victory! Five goals, a strong performance, and two points in the standings! That’s how you get it done! 🐦🔥 #CVFirebirds #FirebirdsWin #CoachellaValley #AHL #HockeyNigh
🥊 THE ONLY FIGHT OF THE NIGHT… SO FAR! 🔥 With just over four minutes remaining in the third period, the gloves finally came off! The Firebirds are leading 5-1, but there’s still time for more fireworks before the final horn! 🏒💥 #CVFirebirds #AHL #HockeyFights #CoachellaValley #HockeyNight
💀🏒 ¡Feliz Día de los Muertos! Adding a little sabor to tonight’s Firebirds vs. Henderson matchup! Our own Pablo Alsina is here bringing some Spanish flair to this special Día de los Muertos night in the desert. Hockey, culture, and a whole lot of celebration! 🔥🐦 #FirebirdsHockey #DiaDeLosMuertos #CoachellaValley #CVFirebirds #HockeyNight DíaDeLosMuertos
🏒 GAME NIGHT IN THE DESERT! 🔥 Tim O’Brien gets us ready for tonight’s matchup as your Coachella Valley Firebirds take on the Henderson Silver Knights! The energy is building, the puck is about to drop, and we’re ready for another night of Firebirds hockey! Let’s go, Firebirds! 🐦🔥 #FirebirdsHockey #CVFirebirds #CoachellaValley #HockeyNight #AHL LetsGoFirebirds
Your In-Arena hosts tonight!!! Tim O’Brien and Pablo Alsina!!
Remembering and honoring the loved ones we’ve lost. ❤️ Dia de los Muertos is about more than mourning — it’s a time to celebrate the lives, memories and traditions of those who will always remain in our hearts. We spoke with Mateo Gomez of Forest Lawn about the importance of keeping those memories alive and creating healthier conversations around grief and loss, including the stigma surrounding suicide. Join Forest Lawn for a special Día de los Muertos celebration this Monday in Cathedral City, from 5 to 8 p.m. Families are invited to come together, remember loved ones and celebrate their lives. #DiaDeLosMuertos #DayOfTheDead #ForestLawn #CathedralCity #RememberingLovedOnes #GriefSupport #NBCPalmSprings
Whatever you do after surgery... rule 1: do NOT post it on social media! #therogginreport #menshealth #viralreels #localnews #nbcpalmsprings
🥪 Halloween flavors are on the menu at The Sandwich Spot! Dana stopped by NBC Palm Springs to show us two seasonal favorites: “Rosemary’s Baby,” a spooky twist on chicken parmesan, and “Cornucopia,” bringing a taste of the season to every bite. 🎃 Rosemary’s Baby is available for a limited time through Halloween, while Cornucopia will stick around through New Year’s Day! Whether you're craving a hot specialty sandwich or planning a party, The Sandwich Spot also has catering platters ready to go. #TheSandwichSpot #CoachellaValleyEats #PalmSpringsFood #LocalRestaurants #HalloweenEats #SeasonalSpecials #NBCPalmSprings
🗳️ ELECTION DAY IS ALMOST HERE! Coachella voters are preparing to choose their next mayor, and the race features four candidates with very different visions for the city's future. From leadership and transparency to better streets, parks, schools and economic development, what's at stake in this election? NBC Palm Springs' Alondra Campos sat down with all four candidates to hear directly from them about why they want your vote and what they hope to accomplish. Watch the interviews and get informed before heading to the polls. Make your voice heard on November 3! #ElectionDay #Coachella #CoachellaMayor #Election2026 #LocalElections #AlondraCampos #NBCPalmSprings #CoachellaValley
CNN 'Engagement Party’s' Ari Shapiro breaks down what the popular meme blanketing social feeds this time of year.