Correction 11:54 a.m. Friday, March 17, 2023: Correcting a comment about the victim's mother's state of mind after the victim's death.
By CRISTINA JANNEY
Hays Post
A Hays man was sentenced Friday in Ellis County District Court to the maximum sentence under a plea agreement on charges he shot and killed his roommate in August 2021.
Defendant Brian Finger of Hays initially told police he was preparing to repair his firearm, when the gun fired, hitting his roommate in the head and killing him.
However, testimony at his preliminary hearing showed a pattern of threatening and reckless use of firearms.
The parents of victim Christian Leonel Cortes-Alfaro, 22, gave tearful statements in court Friday, asking Judge Glenn Braun to impose the maximum sentence possible for Finger.
Finger was sentenced to 55 months in prison on a charge of involuntary manslaughter and 13 months in prison on a count of aggravated assault in connection with Cortes-Alfaro's death.
In a separate case, Finger was charged with aggravated assault after pointing a gun at another victim. In that case, he was sentenced Friday to 31 months in prison.
Braun ordered Finger to serve his sentences consecutively for a total of 99 months in prison with 36 months of post-release supervision.
Finger was out on bond prior to the sentencing and was taken into custody today to be remanded to the Kansas Department of Corrections.
Laura Hildenbrand, Cortes-Alfaro's mother, pled for justice for her son. who she described as smart, loving and giving. Cortes-Alfaro was Hildenbrand's only child.
"A mother should not have to bury her child," she said. "When I lost Christian, I felt lost. My heart was broken. I felt like I was going crazy. I had an emptiness in my life."
She said she has suffered from depression since her son's death, her husband adding later that Christian's girlfriend had also been depressed and had been suicidal.
"Christian was a good person, respectful, generous with a big heart, she said.
Cortes-Alfaro's organs were donated, so even in death he helped others, his mother said.
Hildenbrand said her son had hoped to earn his Ph.D. and pursue medical research. Fort Hays State University awarded Cortes-Alfaro his science degree posthumously.
"Brian Finger took away a life of dreams and a future," she said. "This will affect me the rest of my life."
Both Laura and Jim Hildenbrand noted in their statements to the court multiple people had testified at Finger's preliminary hearing that Finger had previously pointed guns to people's heads and dry-fired the weapons. This included friends, family members and even a child.
Jim Hildenbrand called Finger a menace to the community and society.
"His life goes on, and my son's life is over," he said.
Dean Barney, one of Cortes-Alfaro's friends, said in his statement during sentencing that Finger had also pointed a gun at him. He said he felt great guilt. He said he regretted not trying to convince Cortes-Alfaro to move out of the apartment he shared with Finger.
Barney said he too had been depressed since his friend died. He dropped out of school and has struggled to keep a steady job since the shooting.
County Attorney Robert Anderson argued for the maximum sentence of 99 months in prison, saying that Finger did not adhere to even the basic safety measures when handling a firearm — any of which could have prevented Cortes-Alfaro's death.
Finger's attorney argued for a sentence of 52 months in prison, arguing in an involuntary mansluaghter case in 2021 involving a DUI, the defendant was sentenced to 41 months in prison.
He called Cortes-Alfaro's death a terrible accident.
During his allocution, Finger said he was sorry to Cortes-Alfaro's family and friends.
"I regret the moments leading to this tragedy," he said, adding that Cortes-Alfaro's death will haunt him for the rest of his life.
"I deserve justice for my actions, and it is my hope that in some way will ease the pain of those I've wronged," he said.
Braun read that portion of Finger's statement again right before he imposed the sentence.
He said he was shocked by Finger's reckless use of firearms. He said had Finger not killed Cortes-Alfaro, it was only a matter of time before he killed someone.
Braun said he considered several factors in imposing the sentence, including public safety, punishment and responsibility, as well as the sentence acting as a deterrent to possible future offenders.