'I'm much better than this,' says man who murdered Lee Mart clerk


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SALT LAKE CITY — Juan Andres Zalazar, 24, says he knows what he did was wrong.

He knows that his mother didn't raise him to be someone who robs or kills. But the pressure to be a gang member proved to be stronger than the moral values he was taught.

On Tuesday, before being sentenced to the Utah State Prison, Zalazar vowed to use his time while incarcerated to change his life and become more like the man whose life he took.

"I'm very sorry for my actions. I'm much better than this. I made a lot bad choices in my life, but that's not who I am. And I will spend every second I need to, to make some sort of amends," he told a judge. "I'm going to try and be a man Mr. Marsh would have been proud of. I'm going to go in and become the man my mom raised me to be."

Zalazar is one of three men who went to the Lee Mart convenience store, 5905 S. 700 West, with the intent to rob it on March 18, 2015, police say. Two of the men, including Zalazar, went inside while the third stayed outside as a lookout.

The two men robbed David Marsh, 62 — a longtime, popular employee known by many of the store's regular customers — at gunpoint. After grabbing all of the money from the cash register, the two started running for the door. But as they ran past Marsh, the frustrated clerk took the empty cash register tray and threw it at them, hitting Zalazar.

Zalazar reacted by turning and shooting him multiple times. Marsh never regained consciousness and was taken off life support several days later.

Zalazar pleaded guilty to manslaughter and aggravated robbery. Because of gang enhancements, both are first-degree felonies. On Tuesday, 3rd District Judge Randall Skanchy sentenced him to five years to life in prison for the manslaughter conviction, and 10 years to life for the aggravated robbery. He ordered the sentences to run consecutively, meaning the clock won't start ticking for one sentence until the first one is completed.

The courtroom Tuesday was full of family members of both Marsh and Zalazar. Several relatives from both sides cried openly throughout the proceedings.

Three of Marsh's sisters addressed the court. They said their brother didn't have a lot in life and worked two jobs for more than 20 years to support himself. But he always did what he was supposed to, and always helped others in need. He would work holidays just so others could spend time with their families. The sisters recalled the smile he always carried and the sparkle in his eyes.

Susan McAdoo said if Zalazar had just walked into the store asking for money, her brother would have given it to him.

"I hope Mr. Zalazar does have remorse for what he has done," she said. "Whatever sentence you have here on Earth is nothing compared to what you're going to have to answer to when you see God."

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All three sisters described how the loss of their brother has affected more than just their family. They said an entire community has suffered because of his loss. They encouraged Zalazar to improve himself in prison and to set an example for others to break the cycle of becoming involved in gangs.

"My biggest fear is he's young, he'll get out, and he'll do this to another family," said Lori Walton. "I wish I could hate him, and I'm glad I don't."

Members of Zalazar's family also addressed the court, describing him as a good son, brother and father of two young girls. They said he actually left the gang lifestyle once, but the pressure from others — and the drugs, which they said go hand-in-hand with being a gang member — drew him back in.

"My brother, he did a terrible thing — a real terrible thing. But I want the court to know he is a good man. But he just made some really dumb decisions," Luis Rodriguez told the court. "My brother, he knows he did wrong. He will not deny it. I guarantee it's eating him up inside.

"We stand by his side because he's a good man," he said.

Both Rodriguez and Zalazar's sister also apologized to Marsh's family.

"I can't even believe he took a choice to be a gang member," she said. "I just wish this would never, ever have happened."

A photo of David Marsh, a clerk at the Lee Mart store in Murray who was killed in a robbery, is seen at the sentencing hearing for Juan Andres Zalazar in Salt Lake City on Tuesday April 26, 2016. Zalazar pleaded guilty in February to first-degree felony aggravated robbery and second-degree felony manslaughter for his part in Marsh's death. (Photo: Trent Nelson)
A photo of David Marsh, a clerk at the Lee Mart store in Murray who was killed in a robbery, is seen at the sentencing hearing for Juan Andres Zalazar in Salt Lake City on Tuesday April 26, 2016. Zalazar pleaded guilty in February to first-degree felony aggravated robbery and second-degree felony manslaughter for his part in Marsh's death. (Photo: Trent Nelson)

As she walked back to her seat, Zalazar's sister went to the Marsh family side of the aisle and gave a long hug to one of his sisters. Both women cried as they embraced.

Ramona Garza, Zalazar's mother, was in tears as she told the court that this was not the type of person she raised her son to be.

"We never taught my children to steal from anyone or to hurt anyone," she said. "We are a Christian family. We do not believe in killing. We believe in the mercy of the Lord … and to be kind."

She noted that Zalazar had taught his own daughters that stealing was wrong, even though that's what he did.

Garza also pleaded with her son to change his life around while in prison and to serve as an example to others why choosing a gang lifestyle is not "acceptable behavior."

"I'm asking (the court) to have mercy on my son. He did a horrible offense. (But) he can still go out and help others by showing what he went through," she said.

When it was Zalazar's turn to address the judge, he spoke in a very clear tone. At one point, he turned to address Marsh's family directly and apologize to them.

"I'm not going to try and justify my actions. I know right from wrong. I was raised right. The choices I made were horrible," he said.

Zalazar said it was never his intention to kill Marsh, and he not only regrets it "with all my heart," but he can't believe he "would stoop to that level."

"I'm good with the sentence, because of how wrong what happened was. I deserve punishment, and I'm going to take it without complaining, without excuses. The only thing I can do is take accountability for my actions. I gotta prove I can be a better man. I will do it. I am better than this."

Juan Andres Zalazar speaks to the family of his victim during his sentencing in Salt Lake City on Tuesday April 26, 2016. Zalazar pleaded guilty in February to first-degree felony aggravated robbery and second-degree felony manslaughter for his part in the March 18, 2015, shooting death of 62-year-old David Marsh, a clerk at the Lee Mart store, 5905 S. 700 West, Murray, during a robbery. (Photo: Trent Nelson)
Juan Andres Zalazar speaks to the family of his victim during his sentencing in Salt Lake City on Tuesday April 26, 2016. Zalazar pleaded guilty in February to first-degree felony aggravated robbery and second-degree felony manslaughter for his part in the March 18, 2015, shooting death of 62-year-old David Marsh, a clerk at the Lee Mart store, 5905 S. 700 West, Murray, during a robbery. (Photo: Trent Nelson)

Skanchy said there were good people on both sides of the courtroom Tuesday. He talked about the legacy left by Marsh. The judge also said he believes Zalazar's parents did everything they could to raise their son properly, and that there is a good person still inside Zalazar.

However, Zalazar is going to spend a lot of time in prison. The judge said he hopes the spirit of what was discussed in court Tuesday about encouraging others not to become involved in gangs and changing lives will carry outside the courtroom, even if Zalazar isn't the one to do it.

Alexis Alan Garcia, 20, the alleged second gunman in the robbery, who pleaded guilty to the same charges as Zalazar, is scheduled to be sentenced on Monday. Martin Castillo, 20, pleaded guilty in December to aggravated robbery, a first-degree felony, in exchange for the murder charge against him being dropped.

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