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Muscatine County murder conviction upheld

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By The Muscatine Journal | Saturday, July 19, 2008 |

MUSCATINE, Iowa — The conviction of a Conesville man who admitted killing his wife more than two years ago has been upheld by the Iowa Court of Appeals.

The court this week affirmed the conviction of 42-year-old Gustavo Sierra, who was sentenced in October 2007 to 75 years in prison.

Sierra testified he killed 33-year-old Maria Sierra outside her northeast Louisa County home on July 4, 2006, by shooting her four times — the last two shots to her head.

Sierra was originally charged with first-degree murder, first-degree burglary and going armed with intent. He pleaded guilty to second-degree murder and first-degree burglary in a plea agreement. Louisa County Attorney David Matthews said the agreement was in the interest of the Sierras’ four children.

In his appeal, Sierra argued ineffective counsel allowed him to plead guilty to second-degree murder even though he “did not specifically intend to cause physical harm to Maria when he shot her the first two times.”

But the court said a history of domestic abuse and Sierra’s actions were evidence he planned to harm his estranged wife.

Sierra broke into Maria Sierra’s house through a window with a gun he borrowed from a friend. He shot her once, then followed her outside and shot her three more times.

Sierra is not a U.S. citizen, but was living here legally at the time of the murder.