Nearly four years after a man was shot and killed inside a Coral Gables Publix during a checkout line argument, the gunman has been sentenced to 20 years in prison.
Osmel Lugo-Gutierrez, 56, was sentenced to 20 years in jail with credit for time served for the shooting of Franklyn Jose Pineyro, 50, on February 5, 2022.
A jury convicted Lugo-Gutierrez of manslaughter last year, denying his argument that he shot in self-defense.
According to the arrest report, Pineyro was standing at the Publix customer service area at 106 Ponce De Leon Boulevard, purchasing lottery tickets, when Lugo-Gutierrez approached him from behind while a “notable line was forming.”
The two had a verbal argument that escalated into a physical altercation, and Lugo-Gutierrez grabbed a revolver from his waistband and shot Pineyro once in the chest, killing him, according to the report.
The report stated that the entire episode was filmed on the store’s surveillance cameras. No other injuries were reported.
Lugo-Gutierrez spoke in Spanish in court on Wednesday before receiving his sentence. “My intention was not to commit a crime, to harm anyone, or to rob anyone,” he explained in Spanish through an interpreter. “Just went to get food for my family, the same way he went for his family.”
Lugo-Gutierrez, facing up to 30 years in prison, petitioned the judge for mercy. “I’ve never been a criminal,” he explained. “That day I took my weapon out and shot because I felt threatened; I felt scared.”
Judge Christine Hernandez remained unconvinced by the defendant’s self-defense claims, as did the jury last year. “You took a firearm, pulled the trigger in the middle of a crowded Publix, and killed a man for no reason,” Hernandez said. “On that night, that decision that you made ruined the Pineyro family’s lives, ruined your family’s lives, and has ruined your life.”
Aymara LaGuardia, Pineyro’s widow, wept as Lugo-Gutierrez apologized in court but claimed he felt no remorse.
The victim’s family thought they received justice, while defense attorneys said the sentence was excessive, claiming that 10 years would have been more appropriate.
Lugo-Gutierrez intends to appeal.
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