BELUSH MURDER PLEA AGREEMENT BETWEEN GONZALES AND PROSECUTORS

Jose Luis Jimenez STAFF WRITER

If Samuel Gonzales tells police everything he knows about the murder of Sheila Bellush, the San Antonio man will spend a maximum of 19 years behind bars for his role in the crime.

The sentence is part of a plea agreement between Gonzales and prosecutors in San Antonio and Sarasota. Although the agreement was put under seal when he pleaded guilty Wednesday in Texas to a charge of solicitation to commit capital murder, the documents were released Friday following a court hearing. The agreement also stipulates that Gonzales must plead guilty to a charge of conspiracy to commit murder when he's extradited to Sarasota in January. In return, the 27-year-old will not face additional charges for his role in the crime and has the option of serving his sentence in a Texas prison closer to his family.

Without the plea, he could have received life in prison for each charge.

The six pages released Friday don't detail what exactly Gonzales has told prosecutors, just that he was required to give a full statement that included ``the involvement of any and all other persons involved in the circumstances surrounding the death of Sheila Bellush.''

Henry Lee, the chief prosecutor in Sarasota, said Gonzales' testimony will be used as evidence in the cases against the man accused of being the killer, Jose Luis Del Toro, and another San Antonio man accused of planning the killing, Daniel Rocha.

Investigators have said the three are part of a murder-for-hire scheme, but what remains unknown is how the plan was executed, who wanted Bellush murdered and why.

Detectives say their investigation is continuing and more people could be arrested, but they declined to say why Gonzales' statements to prosecutors have not already resulted in more suspects being arrested.

``The substance of his statement does not need to be made public until it is wrapped up,'' Lee said. ``There are still things we are looking at.''

Sarasota County Sheriff Geoff Monge and other officials refused to comment Friday about the case and Gonzales' agreement.

Bellush, a 35-year-old mother of six, was shot in the head and her throat was cut twice Nov. 7 in her Gulf Gate area home. Her two-year-old quadruplets were found unharmed near their mother's corpse.

Bellush and her husband, James, moved the family from San Antonio to Sarasota two months before the killing.

Detectives say Del Toro left a fingerprint on Bellush's clothes dryer and the gun used in the killing. He is being held in Mexico, where he was captured Nov. 20, and awaits extradition to the United States.

Investigators say Gonzales, who is Del Toro's cousin, and Rocha solicited Del Toro for the killing.

Rocha is being held in a San Antonio jail, fighting extradition to Florida.
He's the 29-year-old golfing buddy of Bellush's ex-husband, Allen Blackthorne.

Though Gonzales could serve his prison term in Texas, the agreement calls for his sentence to be governed by Florida's tougher guidelines.

That means the minimum Gonzales would serve is 16 of the 19 years he faces.
The Texas court reserved sentencing Gonzales until he cooperates with Florida authorities.

He faces up to a 30-year sentence in Texas. But Lee said that state's sentencing guidelines are softer than Florida's, so a longer Texas sentence would be equal to Florida's with time reduced for good behavior.

No matter the total length of time of Gonzales' sentence, the terms from each state will be served concurrently.

Following Gonzales' plea this week, San Antonio District Attorney Steve Hilbig asked the court to seal the agreement from the public because of the ongoing investigation. Texas Circuit Court Judge Sharon MacRae granted the request, which was challenged by attorneys for a San Antonio newspaper and television station Friday.

The attorneys argued that the public had a right to view the agreement and the district attorney's office insisted it remain sealed. Charles Tennison, Gonzales' attorney, argued that revealing the agreement would endanger his client's life, but he did not say how or why.

Before making her ruling, McRae allowed Gonzales to reconsider his decision to plead guilty because the agreement would be made public. Gonzales stuck with the plea and McRae ordered the documents released.

 

Caption: (Samuel) Gonzales