Two men sentenced to combined 76 years for 2022 shooting death of Denver teenager

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Two men pleaded guilty and were sentenced to a combined 76 years prison for the October 2022 shooting death of 16-year-old Khant Naing in Denver’s University neighborhood.

Josiah Cruz, 19, pleaded guilty to aggravated robbery and was sentenced Friday to 18 years in the Colorado Department of Corrections by District Judge Bruce Jones. Charges of second-degree murder and being an accessory to the crime were dismissed as part of his plea deal.

Six months earlier, Emilio Atticus Gomez, 22, pleaded guilty to second-degree murder and aggravated robbery and was sentenced to 58 years in the Colorado Department of Corrections by Jones.

Prosecutors dismissed charges of first-degree murder, second-degree murder, attempted murder and assault against Gomez as part of the plea agreement, according to court records.

In a video interview played by the prosecution in court Friday, Cruz said he brought Gomez to be the “muscle of the operation” in the robbery that killed Naing.

Naing’s family are Burmese immigrants who came to the United States from a refugee camp to have a better life for their son, Naing’s mother said in a statement to the court. She said she doesn’t want to live anymore and doesn’t see the point of being alive without her son.

The defense asked Jones to sentence Cruz to no more than 14 years, and prosecutors and Naing’s family pushed for 29 years. They argued that Cruz should get half of Gomez’s 58-year sentence for his role in Naing’s death.

“Truly my heart is filled with remorse for the life lost and the actions that unfolded,” Cruz said, speaking through tears. “My decision to play a part in this has ruined my life. I never meant to put your families in danger or harm’s way. … All the sorrys in the world cannot make up for what I’ve done.”

Jones said he struggled to determine the appropriate sentence for Cruz and could see the argument from both sides.

The judge said he took statutory factors, fair and consistent treatment, rehabilitation, punishment and the defendant’s ‘ individual characteristics into account when deciding on a sentence.

“He’s young and he has made a terrible decision,” Jones said, noting that Cruz has no prior criminal history and strong family support. “While he placed Mr. Gomez in the position for doing what Mr. Gomez did, I’m convinced he did not believe Mr. Gomez would go to this extreme.”

Jones sentenced Cruz to 18 years in prison during Friday’s hearing, followed by five years of mandatory parole.

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