Dad convicted in murder of pregnant girlfriend, her father (Santa Fe, New Mexico)

Dad MARINO LEYBA JR. has been convicted in the murders of his pregnant girlfriend and her father.

http://www.krqe.com/dpp/news/crime/convicted-killer-to-be-sentenced

Convicted killer got maximum punishment
He killed his pregnant girlfriend and her father
Updated: Tuesday, 06 Jul 2010, 6:56 PM MDT
Published : Tuesday, 06 Jul 2010, 2:48 PM MDT

Reporter: Kaitlin McCarthy

SANTA FE, N.M. (KRQE) - A Santa Fe man convicted of killing his pregnant girlfriend and her father was sentenced to the maximum punishment Tuesday afternoon in Santa Fe District Court. Marino Leyba Jr., was given two life sentences to run consecutively plus three years for tampering with evidence.

Leyba, 23, was convicted in April 2010 for the May 2009 shooting deaths of Sarah Lovato, 17, and her father, Benny, 50. When she was killed, Sarah Lovato was 36-weeks pregnant with Leyba's child, a boy to be named Isaac. Because of that, Leyba was originally charged with a third count of murder. It was eventually dropped because New Mexico law does not allow murder prosecution when an unborn child is killed.

The Lovato family said they believe justice was served.

"My dad and my sister and my nephew Isaac [are] going to live on in our hearts, all of our hearts," Sarah's sister Julie said.

Before he handed the sentence down, Judge Michael Vigil said he does not understand why the shooting deaths of Sarah and Benny had to happen.

Judge Vigil thanked the Lovato family for sharing a video of the victims and said the family left behind must go on and live their lives to the fullest in honor of Sarah and Benny.

Leyba hung his head during most of the hearing and said a quick apology before he was sentenced.

Prosecutors called the murders "heinous" and said it still affects the community to this day.

"In this case, justice was served, [but] there are no winners and losers when there's a horrific crime like this," prosecutor Yvonne Chicoine said.

To the end Leyba's attorney Gary Mitchell said his client suffers from a mental-health disorder.

"Until our prosecutors and politicians wish to start dealing with mental health issues, we're going to see more of these cases, and it's going to be a shame," Mitchell said.

Mitchell said there is an automatic appeal on Leyba's conviction to the New Mexico Supreme Court.