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Brothers sentenced to probation in connection with 2016 fatal shooting

By Carter Williams, KSL.com | Posted - May 6th, 2019 @ 7:34pm


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SALT LAKE CITY — Two brothers who pleaded guilty to manslaughter charges in March were sentenced to probation for their roles in a gang-related fatal shooting on Christmas Eve 2016.

David Ivan Diaz, 20, of Kearns, was sentenced to five years of probation Friday in 3rd District Court on Friday. Judge Amber Mettler also sentenced him to 2 to 20 years in prison but suspended the sentence. Additionally, he was ordered to serve 423 days in jail, time for which he was credited for having already served.

Judge Mettler sentenced Martin Daniel Diaz, 27, of South Salt Lake, to five months of probation. He too was ordered to serve 2 to 20 years in prison, but that sentence was suspended. The judge also gave Martin Diaz an 860-day jail sentence, time for which he was credited for having already served.

The brothers were originally charged with murder, a first-degree felony, and other charges on on Jan. 13, 2017, in connection with the shooting death of 34-year-old Gary Hart in the parking lot of a Shopko in West Valley City on Dec. 24, 2016. Another man was shot six times but survived.

David Diaz was 17 at the time of the shooting and was charged as an adult. The brothers pleaded guilty to a second-degree felony manslaughter charge on March 22, 2019.

The two brothers, who are documented members of the Norteño gang, were ordered not to have any contact with gang members during their probation period nor have contact with each other — unless they obtain approval in advance from their parole officers.

In addition to normal probation standards, both men were ordered to obtain full-time employment or schooling, or perform community service if they are unable to enroll in school or find work. Martin Diaz was ordered to obtain a General Educational Development or high school diploma.

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