Salem man gets 30 years in prison for Walmart parking lot shooting

Whitney Woodworth
Statesman Journal

A Salem man was sentenced to 30 years in prison Monday for brazenly shooting a man in the face in a Walmart parking lot during business hours — less than a day after he allegedly robbed a Macy's store at gunpoint.

Jerry Borrego, 48, was arrested several weeks later when he went to the emergency room after being shot in a separate incident. 

Jerry Borrego

A Marion County jury found Borrego guilty of two counts of attempted aggravated murder, first-degree assault and illegal possession of a firearm by a felon. 

According to a Marion County warrant, Borrego was also arrested for robbing a Macy's employee at gunpoint a day before the Walmart shooting. 

That's when Salem Police officers responded June 23 to a report of an armed robbery at Macy's.

An employee told police Borrego and a woman — later identified as Natali Tavizon — stole several items from the store, including a vacuum valued at $171.

When they tried to confront the two in the parking lot, Borrego allegedly pulled out a silver handgun and pointed it at the employee, telling him to leave.

They retreated into the store while Borrego and Tavizon fled the scene.

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The next night, officers received a report of a shooting outside Walmart on Lancaster Drive Northeast.

Police arrived around 9 p.m. and found the victim, James Goodman III, seriously wounded with a gunshot to the face. 

Goodman said he was sitting in a Chevrolet Silverado with passenger Alexandro Rocha when Borrego drove into the parking lot.

Borrego exited a Mercury Sable — gun in hand — and fired several rounds into the Silverado before returning to the sedan and speeding off, witnesses said. 

Goodman was hit by a single bullet that entered his right cheek, resulting in a fractured eye socket and a detached retina. Rocha was not injured. 

Borrego was identified as the shooter by witnesses, and a warrant was issued for his arrest.

In July, Borrego was admitted to Salem Hospital with a gunshot wound to his lower back. 

When law enforcement attempted to interview Borrego about being shot, he declined to provide them with any information, prosecutors said. No arrests have been made, and the case remains open. 

Borrego was arrested after being hospitalized.

Tavizon, 28, is facing charges of theft and conspiracy to commit robbery. 

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Natali Tavizon

Borrego, a convicted felon, has a lengthy history of convictions dating back to 1990, including robbery, assault and theft.

Following his arrest, prosecutors filed a notice of their intent to rely on several enhancement factors in his case, including his persistent involvement in crime, his lack of remorse and the permanent nature of the injuries he inflicted on Goodman. 

Prosecutors also stated his incarceration was necessary for public safety. 

Several victims, witnesses and Salem police officers testified during Borrego's two-day trial.

On April 9, the jury returned with a verdict — guilty on all counts.

He was convicted of two counts of attempted aggravated murder in a one to 11 split. In Oregon is the only state where a unanimous jury is not needed to convict on attempted murder, assault, manslaughter and sex abuse charges. 

The jury unanimously convicted Borrego of first-degree assault and illegal possession of a firearm by a felon. 

The jury also found that prosecutors had proven Borrego's incarceration was necessary for public safety. 

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First-degree assault and attempted murder are both Measure 11 offenses requiring mandatory minimum prison sentences. Attempted murder carries a 10-year minimum sentence. First-degree assault requires a sentence of at least seven years and six months. 

Marion County Deputy District Attorney Katie Suver argued for a longer sentence.

"(Borrego's) actions demonstrated a clear intent to fire a gun into a crowded parking lot at a pickup truck occupied by two people," she said in a sentencing memorandum. "Although Mr. Goodman and Mr. Rocha are victims of these crimes, any person in the path of the defendant's bullets could have been killed or injured, including children."

Defense attorney Olcott Thompson sought a shorter sentence. He said during the shooting, Borrego was trying to kill Rocha, not Goodman. A motive was not given for why Borrego wanted to kill Rocha.  

"He is sorry Mr. Goodman was injured," Thompson said in his sentencing memorandum. 

Like Goodman, Borrego will also be dealing with his gunshot injury for the rest of his life and is facing another surgery, Thompson said. 

"He now realizes the complete foolishness of the life he was living and the true extent of the harm it created for others and for himself," he said. 

Thompson said a prison sentence of about 17 years — until Borrego is 65 — would be sufficient. 

Marion County Judge David Leith sentenced Borrego to 30 years and one month in prison. 

Previous coverage:Salem man charged with nine felonies after armed robbery, shooting in June

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth