A Mother's Cry
Rebecca Rivera's Son is Facing an Undeserved Life Sentence Due to Gang Enhancement Laws, and She is Fighting Back
Speech by Rebecca Rivera // Photos by Charisse Domingo

The following speech was delivered by Rebecca Rivera on the steps of the Hall of Justice in San Jose on February 1st, 2008. Her son, Joshua Hererra, is facing a life sentence, even though he has no criminal history, and was not actually physically involved in the alleged crime of home invasion. Joshua, 24-years-old, was two weeks away from completing his first semester in the fire fighter academy at the time of his arrest. His shocking sentence is due to the Santa Clara County District Attorney's misuse of gang enhancement laws, which will send Joshua to prison for life if upheld by the judge. Because they found some shirts from his high schools years, “gang experts” determined that Joshua was a “hardened gang member” during the trial. Since his arrest, Ms. Rivera has been fighting for her son's life, and is uniting a community in the process.

“I want to start by thanking everyone who came out today in support of my son Joshua Herrera.   And for all the prayers and support the Herrera family has received from various community leaders and organizations. This incident with my son has been a nightmare and has been extremely painful not only for me but for the entire Herrera family.

Joshua and I have been through a lot together.   I was a single parent for many years raising him with an absent father.   It was a struggle, but he was my rock.   He has a very gentle nature about him, and he is a very intelligent and articulate young man.

Joshua moved away to Florida for almost 2 years to live with his father and had only returned a few months prior to this incident occurring .   In Florida, Joshua graduated from high school and went on to become a nationally registered EMT.  

He came home and announced to me and my family that he was going to become a fire fighter and enrolled in the Fire Fighting Academy at Mission College.   I was so proud of him.   He was two weeks away from completing his first semester in the Fire Fighting Academy when this incident occurred. Prior to this incident, my son had not one field identification card in the records of the SJPD to label him a gang member, no history of violence or a criminal record. But the DA's Office continually refers to my son as a hardened gang member and a leader in the gang. I don't understand how my son could be labeled as such.

Hardened gang members don't move away for 2 years.   Hardened gang members don't seek out higher education. Hardened gang members have a history of violence and crime.   This is not my son.   This is not who he is.  

This is who my son is.  This is where my son would have been (pointing to the Firefighter present). These firefighters here would have been his family.  These firefighters here are the people he would have stood side-by-side with risking his life with for his community.  These firefighters would have become his brothers and sisters.

Because of the nature of the charges, my son will be sent to a level 4 prison where the worst of the offenders are sent. And when I think about what will happen to Joshua when he enters the prison system, I am devastated because I don't know if I will ever see my son alive again.   And that is a huge price to pay for your first offense.  

If we were all defined by the mistakes we made in our early teenage/young adult years, many of us would not be where we are today.  There is no doubt that Joshua must pay for his absolute lack of judgment, but a life sentence in a level 4 prison is far too harsh for a young man with promise, far too harsh for young man with no criminal record, far too harsh for a young man who has no history of criminal violence.  

My son has paid with nearly 5 years of his life already—it would be unduly harsh punishment to expect this young man to continue to pay for the rest of his life. I ask that the courts have mercy on my son and that a sentence be imposed that is just, fair and moral and that the public see the atrocity that is occurring in this situation.”

With great respect,

Rebecca Rivera, Mother of Joshua Herrera