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3 defendants sentenced in Mo’s Place beating


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By Kathryn Reed

PLACERVILLE – One life ended while countless others were shattered all because a South Lake Tahoe bar fight culminated in a homicide. The three men charged with crimes related to the death of Derek “Zippy” Penaranda were sentenced Friday.

Penaranda, who was from Ripon, was in South Lake Tahoe in May 2012 to celebrate his 30th birthday. He never recovered from the injuries he sustained from a fight at Mo’s Place. He died in October 2012.

His father, Wayne, told the court through a cracked voice how devastating the loss of his middle son has been. He spoke of the pain that lingers from having watched his son wither away.

Derek "Zippy" Penaranda and Katie Musselwhite had hoped to one day marry. Photo/Provided

Derek “Zippy” Penaranda and Katie Musselwhite had hoped to one day marry. Photo/Provided

“I will close with a vision that did not have to be witnessed; that no one should ever see. A vision of my beautiful son, Zippy, battered, broke, wasting away having lost 100 pounds, in constant excruciating pain, his muscles hard as stone, contorted and gnarled, retreating into whatever place he had taken refuge,” Penaranda said.

As he stood before the judge reading his statement the defendants had no expression. Rodolfo Hernandez looked at Penaranda, while Sean Canilao and Ruben Lizzaragga had their heads down, looking at the defense table

A plea deal was reached last week, with formal sentencing on Feb. 14 for the one-time bouncers of the bar on Lake Tahoe Boulevard. El Dorado County Superior Court Judge James Wagoner did not change the sentence from what had been agreed to by all parties.

Hernandez, 44, pleaded no contest to involuntary manslaughter. He was sentenced to 364 in jail with credit for time served. He has been in custody since he turned himself in after being indicted. He will also be on four years formal probation.

Hernandez will be turned over to federal custody and deported because he is in the United States illegally. His parents brought him to the United States. The 364-day sentence allows him to seek re-entry. If the sentence had been a day longer, that would not have been possible. The maximum penalty was four years in county jail.

He sat with the public defender and a court appointed interpreter in the area normally reserved for the jury. Hernandez chose not to address the court.

Canilao, 49, and Lizzaragga, 41, pleaded no contest to assault with force that is likely to cause great bodily injury. Both have been out on their own recognizance since being indicted. They faced a maximum four-year prison sentence.

Canilao was sentenced to 60 days in custody starting Feb. 24, to be followed by 120 days house arrest. He will only have to be behind bars 30 days. He will be on probation for four years. He will not be allowed to own firearms or ammunition for the rest of his life.

“I feel very regretful and sorry,” Canilao told the court.

Lizzaragga was sentenced to 240 days in jail. However, the time will be split with 60 days behind bars starting Feb. 28 and 180 days of an alternative sentence that has yet to be determined. He is also on probation for four years and will never be allowed to legally own a gun or ammunition.

Lizzaragga did not have anything to say to the court.

Penaranda, the victim’s father, had plenty to say. He had been at every court hearing for the past year and a half. On Friday he read a letter from his wife, Debbie, and one he wrote. He spoke of how his wife has been unable to work, and finally he couldn’t either and was let go. They are cashing out 401(k) accounts to live on. Penaranda has suffered a series of mini strokes he says is from the stress. The entire family has nightmares to this day. One of Zippy’s brothers was at the bar that night. He was beaten up, too.

After the sentencing hearing, Penaranda sat down with Lake Tahoe News.

“It was pretty light,” Penaranda said of the sentences. “Somebody’s life was taken. That to me should mandate the most serious charge.”

While the criminal case is now history, and the sentences much more lenient than Penaranda and his family had hoped for, the next thing to be resolved is the civil case.

“We went after whatever their maximum insurance was,” Penaranda told Lake Tahoe News. He’s expecting a decision to come by the end of the month.

He is finding some solace in writing a short story about the ordeal. Penaranda said he might try to publish it with other short stories he’s written.

What he’d really like to see changed is how the health care and health insurance systems work.

“From Day 1 they should start a comatose patient on physical therapy to prevent them from atrophying,” Penaranda said. “It was disturbing watching him waste away.” Penaranda said it was all about giving his son drugs. They didn’t care for the whole body.

Zippy went from Renown Medical Center in Reno to a specialized rehab place in Marin County to a long-term care facility in Walnut Creek.

“If the insurance company sees a patient is not responding, they stop paying,” Penaranda said. That, too, he sees as inhumane.

Penaranda is exhausted. He tries to console his wife, but she is having a hard time moving on. And while he said it’s been devastating for the entire family, Penaranda is confident they will eventually find a way to move forward without Zippy.

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Comments

Comments (19)
  1. Denise says - Posted: February 15, 2014

    Since almost two years ago, I have followed this story. This was an unbelievable tragedy and my heart goes out to the entire Penaranda family, especially Zippy’s parents. I cannot even begin to understand what pain you are going through. My hope is that the memories of happier times ease your sorrow. I am so sorry for your loss and your suffering.

  2. Old long Skiis says - Posted: February 15, 2014

    These sentences seem really light to me. If you kill someone you should go to prison for a very long time. My condolences to the Penaranda family.
    Sincerely, Old Long Skiis

  3. rock4tahoe says - Posted: February 15, 2014

    As I recall, it was a bar fight on New Years Eve? Or Zippy’s birthday or something. He got into it with the Bartender first then the other two. I would say Bar, booze and fighting don’t mix, but that is a cliche’. I recall thinking when I first read the story, why didn’t the guy just leave the bar… walk away. Perhaps, their should be a recap of the events that night.

  4. Kathy says - Posted: February 15, 2014

    WOW. People that smoke Pot go to prison, People who kill ,get probation,What is wrong with this system in America ,?That tells me ,you can get away with murder .

  5. Chief Slowroller says - Posted: February 15, 2014

    there has not been any mention of Zippy’s blood alcohol level?

    that fact would explain a lot of things about the events of the bar fight.

    there has not been any mention about what happened at the Riva Grill earlier that day.

    it is a sad time for this man and his family,
    I am glad that it is over and they can put it to rest.

  6. tahoe Pizza Eater says - Posted: February 15, 2014

    This has gone as I expected. They took a plea deal. When you understand self defense law and how we are allowed to include the defense of others, you can see why the prosecutor would be afraid of this case. A good defense attorney would have had a strong case for self defense because these guys stepped in to protect Mo who had been knocked unconscious. These guys could have prevailed at trial. What the prosecutor may have had, was a good case showing the defendants used excessive force. By reading these stories we cannot be sure of the strength of either side, and we’ll never know what would have resulted from a trial. Some of you jump to conclusions. There are cases of self defense that arise where deadly force is justified by law. Just because there was a death, doesn’t necessarily mean that a crime has been committed. We’ve gone over this before, and except for the remaining punishment, this is over.

  7. 4-mer-usmc says - Posted: February 15, 2014

    For the Penaranda family’s loss of their love one in this manner, the cavalier suggestions by some local individuals that “this is over” and the Penaranda family can “put it to rest” is callous and absurd.

    Just as expected I see that Mo’s friends have started crawling out from under their rocks and are excusing the actions of Mo’s three sober bouncers for beating to death one drunken man. Hopefully the civil case will nail a few a**es to the wall along with everything they own.

  8. Old long Skiis says - Posted: February 15, 2014

    To the Peneranda family and Katie Musselwhite, Please don’t let the few uncaring and hurtful remarks here bother you. You’ve been thru enough already.
    So. Shore is a good community with good people, but like so many places we have a few bad apples, in this case maybe a bushel full.
    Please accept my apology for their heartless stance on the passing of Zippy. Old Long Skiis, resident of SLT since 1962.

  9. kelley says - Posted: February 15, 2014

    Ols, you are a good example of the type of people that make this town the kind of place we should be proud of. Your sentiments are thoughtful and kind to those that are grieving and hopefully they will take comfort in your words. This whole sorry mess was so unnecessary and it will hopefully not happen again.

  10. Johnny says - Posted: February 15, 2014

    Those men were cowards, using force as reckless immature boys, thinking there security badges made the super heroes. They are pieces of garbage, I hope they don’t make it to the central valley, cause true justice will be served. I taught Zippy, and he was a good kid, bartenders and bouncers think they are all that when given the position, you are to serve peace, not kill, nor cause friction, they did both, they should of shut that place down, death is not condoned, especially by a good kid on his birthday. This stinks to holy hell.

  11. UKELE ANGEL says - Posted: February 15, 2014

    THIS IS BS NO JUSTICE FOR ZIPPY WE MISS U GONE NEVER FORGOTTEN

  12. Nomadman says - Posted: February 15, 2014

    This case is a travesty. The last time I posted any comments on this page I was being very careful because as a family member I didn’t want to hurt the case. Now that it’s over I don’t need to be careful.
    What happened to Zippy that night was uncalled for. Did he strike Mo, yes. Should the killers he had working for him have protected their boss (which they apparently weren’t very good at) yes. Should they have restrained him and had him thrown in jail absolutely. Did Zippy deserve to die for doing something stupid and totally out of character for him? Not no but hell no.
    He was one of the most kind and generous young men it’s ever been my privilege to know. I’m Katie’s dad, and traditionally dads don’t care too much for the guys their daughters bring home. But I couldn’t not like Zippy.
    The people, I can not call them men, who took his life that night deserve so much more punishment for their actions than they have received it is pathetic.
    I only hope his killers can be haunted in their dreams the way Zippy’s family have been.
    The people of South Lake Tahoe can show Mo that their actions will not be tolerated. Just party somewhere else.

  13. Kathy says - Posted: February 15, 2014

    Yes, I agree with you all the way, They will be haunted,Tell it like it is, I am glad you did ,

  14. jeromy says - Posted: February 15, 2014

    The sentence is a slap in the face to a beautiful family. Im so sorry. I cant even speak.

  15. Jeff says - Posted: February 16, 2014

    This was wrong from the night it took place !! And is wrong all the way to the three being sentenced they were not given more than a slap for there part in killing Zippy and I truly hope and pray that each of them suffer and have to Remember. That they took the life of Zippy every waking hour that they Breath on this earth .
    Rot in hell the three of you .

  16. Antoni Jaacob says - Posted: February 16, 2014

    the justice system sucks!!!!!!! this isnt right,,,,, if it was there son they would think different,,,,,, I dont get it…….they all will face God !!!!

  17. Joe Plante says - Posted: February 16, 2014

    People justifying the defendants actions based on alcohol being involved are idiots. I’ve worked as a bouncer. The reason you are employed at a bar is because alcohol is being served. If a patron is too intoxicated or causing a problem your job is to get them out of the bar, not a license for murder.
    Justice has not been served here.

  18. tahoe resident says - Posted: February 17, 2014

    its unbelievable with what the justice system has done in this case. Yes someone lost their life and three other lives will not be the same. the system has changed its punishment methods and the prison system is over populated by drug users that repeat. so the system is set up for drug offenders to get counseling for their addiction and that allows people like these three to get away with murder. I disagree with this plea deal and it came about because that’s what the system does it pleas the case out so it can save money and time. its reality and these three knew that the system is broken and that if they just sit tight long enough they would get a slap on the wrist. WOW its unbelievable so did these three persons get strikes for their offenses in the Murder of a man that could have just been subdued.the guy that is being deported he will be back in less than a year working under a false name and stolen social security number maybe mine maybe yours who knows but we do know that none of these three will be doing twenty-five to life unlike some poor bastard that gets caught stealing a bottle of beer.

  19. Zip's Pops says - Posted: February 17, 2014

    To All You Kind People, I thank you on behalf of my family and extended family. First I like to say South Shore is a beautiful and wonderful place, and we’ve been going there for decades. I have many friends who are long time residents and family who own property there. My youngest boy lived and worked as a tradesman in Tahoe, and was a ranch hand on the western slope, in Chacago Park. My parents lived in Swansboro, until their health became too fraile for mountain winters. We usually stay at a friends on Havard, but we wanted to go upscale and saved for a place on the Keys with all the bells and whistles that May.

    “Throw a punch and die”, should that be included in your visitor’s brochure, should that be the city’s motto? Of course not. I love the Lake and all it’s grandour, and all the friend I know there, and the ones I’ve yet to meet. There are bad folks everywhere, that put a black mark on a good community, a wonderful place where terrible s*** just happened to occur. We’ll return…some day. Again, God Bless you all, PAX. Zip’ Pops