AUSTIN — The man who's convicted of trying to assassinate a judge in Austin has been sentenced to life in prison, a judge ruled Tuesday afternoon. This announcement comes after a judge heard testimony through his sentencing on Monday.
But United States District Judge Lee Yeakel said he refused to take the two Houston murder cases presented into evidence on Monday into consideration. Yeakel said Onyeri is dangerous and believes he intended to kill Kocurek in November of 2015 when he shot at her four times while she sat in her car outside her West Austin home. Kocurek lost a finger in the ordeal.
Yeakel said attacking a public servant is one of the worst crimes there is and this court must impose a sentence that prevents further attacks from him.
Judge Kocurek addressed the media after sentencing.
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KVUE'S Jenni Lee asked if she accepted Onyeri's apology from the day before.
"I accept it, and forgiveness is a process. Some days I think I'm there. Others, it's a hard process. It's been three years. This deeply affected my children, my husband and my home," responded Kocurek.
She said of attending the trial and sentencing, "I did not know how much it would help me and it really has given me the closure I needed, to hear everything, but it has made me live safer."
As for her recovery, she had this to say: "Someone told me after three years you would have a turning point and I think that I have. My kids are better. My husband and we are feeling better, you know, it's a process, it will always be with us but we are doing great."
Federal prosecutors said the sentencing was also about protecting the judicial system.
“Today’s life sentence for Mr. Onyeri was about more than obtaining a measure of justice for Judge Kocurek -- although we certainly did that. It was also about safeguarding the integrity of our judicial system. This office, along with our federal, state and local law enforcement partners, will be absolutely relentless in pursuing those who attack or threaten judges or court staff. Impartial, fearless judges are key to the rule of law. Today the rule of law was vindicated,” stated U.S. Attorney John Bash.
"It's the sentence we asked for, it's the right sentence, it's the just sentence. I think Mr. Onyeri deserves it and the community deserves it. There are other victims of the crime that have been mentioned during the course of the trial and they deserve it also," said Assistant U.S. Attorney Gregg Sofer.
Defense attorney, Victor Arana, said they will be appealing.
"The statute that he was convicted under is unconstitutional for a variety of reasons. It's unclear, the jury instructions, they don't really tell the jury what they're supposed to find, so that will be one but that's not it, there will be a lot of things we will be appealing," said Arana.
Onyeri was also ordered to pay about $178,000 in restitution.
A jury found him guilty of attempted capital murder in April. He was also found guilty of fraud and racketeering schemes related to the attempted capital murder.
On Monday afternoon prior to his sentencing, Kocurek and her son, Will, both addressed the court. The 390th state district judge went first.
Kocurek said she thanks God she is alive. She said the shooting has affected every part of her life. How, after coming out of a coma, she had to learn to walk again. How simple things like wearing her wedding ring is a thing of the past. Last week, she told the court a small piece of metal was removed from her wrist.
Kocurek said she will never forget that night and what she regrets most is that her family will never forget that night. She never feels safe anymore. So far, she has had 30 surgeries. And despite mounting costs from medical and security bills, she has not sought restitution. All she asks is for Onyeri to get life in prison because the message needs to be sent to those who attack the judiciary.
Her son, Will, spoke next.
"I'm a 15-year-old kid. I can't get in a car," he said. "I can't take my eyes off the rear view mirror. I won't ever forget the feeling when Onyeri shot at my mom. I don't hate him but I hate what he did."
He then asked the court to give Onyeri the maximum sentence.
Chimene Onyeri also addressed the court. He apologized to the Kocureks. He also rambled on for 40 minutes, often times not making sense and cursing.
Before that, the prosecution called four witnesses to testify: Austin Police Cold Case Detective David Hruzek; Houston Police Sgt. Michael Dykens; FBI Special Agent Chad Fitzgerald; and FBI Special Agent Daniel Brust.
The prosecution brought two Houston murder cases into the record: the murders of Kenneth Brooks and Jacobi Alexander. They showed how Onyeri was initially a suspect in both cases and was charged in their murders. Those charges were eventually dismissed.
But the defense attorney pointed out some witness testimony discrepancies. He eventually asked the judge to give his client 30 years in prison instead.