The man responsible for a December shooting by Tanner’s Tavern, on Listravia Avenue, was sentenced to prison Thursday.
Carlos Pagan, 29, of Fairmont, pleaded guilty to malicious assault in July. He was indicted by the May 2019 grand jury on that charge and on attempted first-degree murder, which was dropped as part of a plea agreement.
Pagan shot Kashif Monk in the chest and leg Dec. 10, 2018. At his plea hearing, he said it was because of an altercation between Monk and Pagan’s sister.
Assistant Prosecutor Stephen Fitz said Monk is facing charges from a June 2018 domestic battery call involving Pagan’s sister.
Judge Susan Tucker sentenced Pagan to serve two-10 years in prison. She denied a request by his attorney Tom Dyer to allow the sentence to run concurrently with the sentence he is currently serving.
Pagan was on parole for a possession with intent to distribute marijuana conviction in Marion County when he shot Monk. As a result, his parole was revoked and his estimated release date is 2026, Dyer said. Fitz noted Pagan would be parole eligible again in December.
Pagan was in prison on the drug charge when Monk allegedly attacked his sister and was not released until October. Fitz said there was another domestic call involving Monk and Pagan’s sister about a week before the shooting but charges were not filed.
Tucker agreed with Fitz’s assessment that there were multiple aggravating circumstances, including violence against a person, use of a firearm and committing the crime while on parole.
“I believe what the state has said regarding your crimes is accurate and correct,” Tucker said.
She called the shooting a cold, deliberate and thought-out crime, done for retribution — which the law does not allow — not one committed out of passion.
Tucker said the combination of aggravating factors led her to believe Pagan has a disregard for the law and as the December crime had nothing to do with his incarceration, there was no reason for it to run concurrently.
