He claimed the judge did not consider all factors in the case and was given an excessive sentence.
CAMDEN -- A Camden man convicted of stabbing a man to death in 2004 with a samurai sword had his appeal in the case rejected in Superior Court on Wednesday.
Fernando Espinal, 50 -- who was indicted on murder charges, weapons offenses and hindering apprehension, but pleaded guilty to aggravated manslaughter -- argued that the judge did not consider all of the factors of the case when sentencing him leading to an excessive sentence. The appellate court rejected his claim.
According to previous reports, Espinal's son got into a verbal argument with William Jimenez, 25, on Oct. 5, 2004. The confrontation escalated to a physical fight. After taking a punch, Espinal went to his nearby home, got a samurai sword and stabbed Jimenez in the abdomen.
Jimenez was rushed to Cooper Medical Center but died 17 years later after contracting gangrene.
Espinal fled the scene but was found in New York in March 2005.
Espinal pleaded guilty to aggravated manslaughter, with an agreement to cap his sentence at 18 years. His lawyers argued for a sentence less than 18 years, claiming that Espinal "acted out of fear and panic in defense of his son."
The judge said that Espinal's "unnecessary involvement" led to "senseless tragedy and a horrific death." He was sentenced to 18 years, of which he must serve at least 85 percent, and ordered him to pay restitution of $5,000.
Espinal appealed this decision, arguing an excessive sentence. The court determined that the sentence was below midpoint of the range and not excessive, and denied his appeal.
Caitlyn Stulpin may be reached at cstulpin@njadvancemedia.com. Follow her on Twitter @caitstulpin. Find NJ.com on Facebook.