Estimated read time: 4-5 minutes
- Oliver Spencer Avila was sentenced to prison Wednesday for shooting and killing Guthrie Serawop.
- Serawop's older sister shared a statement about the loss their family feels, saying her brother was the kindest person she knew.
- Avila's attorney argued against prison time, citing concerns with two sentences for the same action, but the judge did not agree.
WEST JORDAN — Guthrie Serawop's older sister, Amanda Jenks, called him the kindest, most selfless person she has known. She said her family's world was shattered when he was shot and killed two years ago.
"He was a devoted father, uncle and friend," she said Wednesday. "His absence is felt every day."
Jenks said Serawop's siblings feel guilt that they were not able to shield their brother from violence. She said her brother had gone to a friend's home to help change a lock code and ended up losing his life.
She said her children, nieces and nephews have also lost their innocence by learning about what happened to their uncle and father.
"His children will now grow up without a father to take them fishing. … His absence is a painful, constant reminder of what was taken from us," Jenks said while asking 3rd District Judge James Gardner to sentence the man who killed her brother in a way that reflects the weight of what her family has lost and will honor his memory.
Oliver Spencer Avila, 25, was sentenced to five years to life in prison for felony discharge of a firearm, a first-degree felony; three terms of one to 15 years in prison for manslaughter, obstructing justice and felony discharge of a firearm, second-degree felonies; and zero to five years for felony discharge of a firearm, a third-degree felony.
Gardner ordered each of the sentences to run concurrent and recommended Avila be given credit for the two years he already spent in jail.
Avila's attorney, Tyler Needham, argued that Avila should ibe sentenced to probation, saying the first-degree felony conviction for discharging a firearm — the only one extending the maximum prison sentence to life — came from the same action that caused the manslaughter conviction.
"I am furious that this is even possible, that the Legislature has allowed this carve out and that the Supreme Court has allowed this to continue. The fact that he could be sentenced twice for that is ridiculous," he said.
Needham said he recognizes the Utah Supreme Court has ruled in similar cases that this sentence would not be considered double jeopardy, but he still asked for the conviction to be reduced to a second-degree felony, arguing that would be a just outcome.
"(Avila) reasonably believed that his conduct was legally justified, but he made a reasonable mistake of law," the defense attorney said.
Deputy Salt Lake County attorney Ethan Rampton disagreed with Needham, saying imposing a sentence based on the jury's convictions would not be unduly harsh, but would be proportionate to the offense.
"Guthrie's death has left a permanent absence in the fabric of their lives," he said, speaking about the victim's family.
Rampton said the judge had previously ruled that Avila did not act in self-defense, and at the trial, the jury reached that same conclusion — his actions were not self-defense. But the jury did find that Avila reasonably believed it was self-defense at the time, even though it was not. He said the jury still convicted him of murder, even though the law does give him the benefit of the doubt by reducing that crime to manslaughter, a second-degree felony.
On Feb. 1, 2023, Avila visited Riverview Townhomes, 1665 S. Riverside Drive, and asked his brother to return a gun he owned, saying he believed people were looking for him. Prosecutors say Serawop arrived at the home and said he wanted to speak with Avila and the two went outside and a heated conversation turned into a fight and Avila pulled out a gun and shot Serawap three times and grazed him with a fourth bullet.
Avila said on Wednesday it was never his intention to kill Serawop. He said he feels a "heavy burden of remorse," and expressed condolences to the man's family.
"Mr. Serawop's parents and siblings will never get to spend time with their loved one again and will never get to say their final goodbye. Every day I regret what has happened," the convicted killer said, adding that he is working to improve himself and make a positive impact at the jail by tutoring other inmates and taking courses.
Gardner encouraged Avila to continue his efforts to improve while in prison. The judge said he believes the sentence is appropriate based on the gravity of the crimes.
Avila's brother, Julio Steven Cardona, pleaded guilty in August 2023 to possession of a dangerous weapon as a restricted person, a second-degree felony, for his role in the fight. He was sentenced to one to 15 years in prison and is currently on parole.
