DA didn't expect Astorga death sentence

ALBUQUERQUE (KRQE) - Six weeks of hearings and three days of deliberations ended Friday afternoon when 12 jurors couldn't agree to impose a death sentence on Michael Astorga.

Instead the convicted killer of Bernalillo County sheriff's Deputy James McGrane back iwas sentenced to life in prison.

Shortly after 1 p.m. jurors reported they were unable to reach the unanimous decision needed to order an execution under the state's now-repealed capital punishment law.

They spent 15 hours pouring over evidence and testimony before announcing their decision.

"Due to the jury's decision the court will impose a life sentence as to count one," District Judge Neil Candelaria said.

Astorga sat quietly his attorneys patted him on the back.

No one from his family was there to hear his sentence for killing Bernalillo County Deputy James McGrane Jr. in 2006.

His defense team said his family was too emotional to be there.

"You can't fault this jury," defense attorney Gary Mitchell said. "They went in and they worked extremely hard.

"I don't think either side can say enough about how hard they worked."

But McGrane's parents were there as they had been every day since the sentencing hearing began six weeks ago.

They had been pushing for a death sentence but said they do feel like justice was served.

"We anticipated that verdict," District Attorney Kari Brandenburg said. "We've anticipated that for years, but we felt we needed to get it to the finish line because that's what the community wanted, it's what the law enforcement community wanted, and it's what the McGranes wanted."

Astorga will be 73 years old before he is eligible for parole.

His attorneys say they will start work on his appeal first thing Monday morning.

There was no report on how jurors voted.

Astorga also faces more than 25 years in prison when he is sentenced next month for killing his former friend Candido Martinez.

Astorga was wanted for the Martinez killing when McGrane pulled him over for a defective taillight on that night in 2006.

Prosecutors said they suspect Astorga killed McGrane to avoid arrest for the earlier murder.