Summary of Offense:
Marbel Mendoza and Humberto Cuellar planned to rob the victim Conrad Calderon. Humberto Cuellar asked his brother, Lazaro Cuellar, to drive the getaway car. Humberto Cuellar and Mendoza gained knowledge of Mr. Calderon’s schedule and were waiting outside Mr. Calderon’s house during the predawn hours of March 17, 1992. At approximately 5:40 am, Mr. Caldron left his house and proceeded to his car. Mendoza and Humberto Cuellar were hiding behind a hedge and confronted Mr. Calderon in the driveway between the two vehicles. Mendoza carried a .38 caliber revolver and Humberto Cuellar had a 9-mm automatic pistol.
A struggle ensued between the three men. Humberto Cuellar hit Mr. Calderon in the head with his pistol, at which time the victim took out a .38 special revolver and shot Humberto Cuellar in the chest. Humberto Cuellar then ran to the car; while he was running away, he heard shots. When Mendoza arrived at the car, he stated to Humberto Cuellar that he had shot Mr. Calderon. The three men drove to a hospital.
At the hospital the police recovered the car, which contained Humberto Cuellar’s gun. The side of the gun had hair embedded in it, which was consistent with the story that Humberto Cuellar would tell the police. On March 24, 1992, Mendoza was arrested. No money was taken during the robbery. Mr. Calderon’s gun and a bank bag were found at the scene, under Mr. Calderon’s body. Money was found in the victim’s pocket and in his wallet. Mendoza’s fingerprints were recovered from the car adjacent to where the victim’s body was found. An x-ray of Humberto Cuellar indicated a bullet, consistent with the victim’s gun, was lodged near his spine. Casing and bullets recovered from the scene and the victim’s body indicated that Mr. Calderon was shot at point-blank range three times and the fourth shot was from less than six inches away.
Mendoza was sentenced to death in Miami-Dade County on August 2, 1994.
Co-defendant information:
Humberto Cuellar (DC# 433373)
Cuellar was found guilty and sentenced as follows on January 18, 1994:
2nd Degree murder, Dangerous Act – 15 years
Attempted Robbery with no Firearm or Deadly Weapon – 20 years
Burglary of an Occupied Dwelling or Conveyance – 20 years
Threatens to use any Firearm – 15 years
Lazaro Cuellar, Jr. (DC# H01509)
On May 20, 1993, Lazaro entered a plea agreement with the State and the lower court in which he agreed to plea guilty to a lesser offense of manslaughter and plead guilty as charged to the offenses of conspiracy to commit robbery and attempted armed robbery. The court accepted the plea agreement and sentenced him to three concurrent terms of 10 years' imprisonment.
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