Man sentenced for 2009 homicide in Emporia

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EMPORIA, Kan. (AP) – A man has been re-sentenced to 20 years in prison for fatally shooting another man in 2009 after an altercation hours earlier.

The Emporia Gazette reports that Jimmy Dominguez apologized Thursday when he was sentenced for second-degree murder in the killing of Jose Leyva. Dominguez blamed drinking and said he wasn’t in his “right mind.” Another man was wounded but survived the shooting, which followed a wedding dance and party.

The re-sentencing came after years of delays, brought on by a cancer diagnosis, a 2010 mistrial and the reversal of his 2011 conviction because of jury instruction mistakes.

Dominguez is receiving palliative care after radiation treatment failed. He’ll serve the remainder of his sentence at the infirmary at the Lansing Correctional Facility.

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