Man gets 6 years for fatal stabbing outside Denny’s

By Cara McCoy

Tuesday, Jan. 26, 2010 | 2:10 p.m.

When a group of friends went to Denny’s for Sunday breakfast after a night of drinking, no one expected one of them would end up stabbed to death.

But, fueled by high emotions and booze, a fight broke out outside the restaurant. Witnesses saw 22-year-old Juan Carlos Paula Jr. knocked to the ground during the May 3, 2009, confrontation. He grabbed a knife from his back pocket and fought back, stabbing at his three attackers – three young men who just hours before had been his drinking buddies at a local pool hall.

Ernest Allen, 26, of Las Vegas, was stabbed in the chest and later died. The two others involved were taken to local hospitals for their injuries.

Paula pleaded guilty in August to one count of voluntary manslaughter and was sentenced Tuesday to six years in prison. He will be eligible for parole in 28 months.

Paula was to be sentenced last week but Judge Kathy Hardcastle asked for more time to review the case after hearing emotional testimony from Allen’s family.

Hardcastle said Tuesday that cases like this were difficult for judges to sentence.

“The fact was you were there with a deadly weapon,” she told Paula. “You had a chance to retreat and didn’t do it.

“This was a situation that got out of control. There was a lot of blame that can be thrown around in this case about who should have backed off when, but the fact remains, you were the one with the weapon and it wasn’t really necessary to use it.”

Last Tuesday, Paula addressed the court and apologized to Allen’s family.

“I was worried about what was going on but I was scared for my life,” he said. “I’m sorry for what happened and I apologize to the family. I tried to avoid the situation but I couldn’t do nothing about it.”

According to a report from the time of Paula’s arrest, the four men, along with two young women, left Hypnotic Billiards, 5752 S. Fort Apache Road, to get breakfast at Denny's in the 9300 block of West Tropicana Avenue, near Fort Apache Road and the 215 Beltway. Paula went to the restroom after paying the bill. When he returned, one of the women said Allen had pushed her. Paula then walked outside and confronted Allen about the alleged pushing incident, which is when the fight broke out.

Accounts about what happened next differ. Ultimately, Paula grabbed a 6-inch folding knife from his pocket and slashed at the men.

Allen was taken to University Medical Center, where he died from his injuries.

Those closest to Allen called him “Deon.” His sister, Safira Allen, called him “Boo Boo.”

She told the judge last week that her brother was her “soulmate” and the “other half of her heart.” A veteran of the war in Iraq, a tearful Safira Allen said she almost died in the line of duty overseas on one of her two tours of duty.

“I was left with injuries, but not like the wounds I have from the loss of my brother,” she said.

She expressed frustration that Paula had been able to plead to a lesser charge and that he wasn’t being held accountable for stabbing the others who were involved.

One of those who was stabbed was James Willis, her fiancé. He was stabbed in the ribs.

She implored Hardcastle to give Paula the maximum sentence, which under the terms of the plea agreement would have been 10 years.

“Justice needs to prevail in order for me to sleep at night,” she said.

Shortly after the incident, Paula was charged with murder with a deadly weapon, two counts of attempted murder with a deadly weapon and two counts of battery with a deadly weapon resulting in substantial bodily harm.

Pam Weckerly, who prosecuted the case, said in her arguments before the judge last week that conflicting statements given by witnesses had been a reason behind the plea agreement.

“(The district attorney’s office) took the facts of this case under consideration and negotiated it to manslaughter,” she said.

She added that Paula was the only person involved who had a weapon. It wasn’t a case of self-defense, she said.

“It was a tragic situation, but this defendant was ultimately the one who could have avoided it,” Weckerly said.

Paula’s attorney, Scott Bindrup, said his client had acted in self-defense and that his actions after the confrontation took place were not those of a guilty person.

“There’s always reason for a defendant, a person who’s going to be charged, a person who has done a horrible act, to flee. Mr. Paula did not flee the scene. He stood waiting for police,” Bindrup said.

He played a recording of a 911 call from the time of the incident made by a Denny’s employee. Paula’s voice can be heard in the background saying, “What can I do? What can I do? It’s three against one, what can I do?”

“You can hear his anguish,” Bindrup said.

He argued that Paula should be sentenced to probation, pointing out that his client had been released to house arrest in August and had been performing “perfectly.”

“He used the knife only after he was struck down and beaten down on the floor and felt that his life was in jeopardy,” Bindrup said.

Ernest Allen’s older sister, Barbara Lewis, said the death shattered her family and that listening to Paula’s statement to the judge had been difficult because her brother was a good person.

“All I know is that the day my brother’s heart was severed by his hands, he severed a lot of people’s hearts. That pain is still there and it won’t stop,” she said.

His mother, Carolyn Allen, said she was a religious woman and offered forgiveness to Paula, but said he needed to take responsibility for his actions.

“He needs to understand that his actions have destroyed my family, his family, and especially Deon’s son, who will never have the opportunity to have his father guide him as he gets older,” she said.

After the hearing, she said she was pleased with the judge’s decision.

“I’m pleased with what the court has decided to do because that was my little boy,” she said. “Justice has been served and I’m satisfied.”

Safira Allen said she was glad to see Paula behind bars but felt he should have faced more serious charges.

“Honestly, in my heart I cannot rest with this decision because it was murder -- it wasn’t manslaughter,” she said. “He took the life of my brother and attempted to take the life of my fiancé, James Willis, and they dropped the charges.

“But I’m glad that he’s not walking out with probation,” she added. “He’s going to do time for some of his actions.”

Bindrup said he was disappointed the judge opted for prison time, but understood her decision.

“He’s been out on house arrest and he’s been perfect,” he said. He praised Hardcastle for taking additional time to review the case after last week’s scheduled sentencing date.

Weckerly declined to comment after Tuesday’s hearing.