Man gets 3 years for threatening note in Puffinburger abduction case

A federal judge echoed the sentiments of jurors and defense lawyers Thursday when she said prosecutors failed to prove that 6-year-old Cole Puffinburger had been kidnapped.

U.S. District Judge Gloria Navarro made the comment during a sentencing hearing for Luis Vega-Rubio, a Los Angeles man who has spent more than two years fighting charges that he helped abduct the Las Vegas boy on Oct. 15, 2008. News of Cole's disappearance circulated around the country with a photo of the smiling, bespectacled boy.

After three weeks of trial, Vega-Rubio and a co-defendant accepted plea agreements in February, when prosecutors dropped the kidnapping and hostage-taking charges.

Vega-Rubio, 38, pleaded guilty to one count of interference with commerce by threats or use or fear. He admitted writing and delivering a threatening note to Cole's family in July 2008.

On Thursday, Navarro said the man's crime was "not as serious as we all originally thought that it was."

She chose to impose a sentence of about three years in prison, substantially less than the sentence of more than five years recommended by prosecutors and probation officials. She also imposed a $2,500 fine.

Defense attorney Todd Leventhal predicted that his client, who has been in custody since February 2009, will be released in about three months. The lawyer said Vega-Rubio will receive credit for the time he already has served and for good behavior.

Federal prosecutors originally promised to prove that members of a Mexican drug cartel had kidnapped Cole at gunpoint and held him hostage for four days before releasing him unharmed.

At trial, prosecutors said Cole had been kidnapped as revenge after his maternal grandfather, Clemens Tinnemeyer, stole $4.5 million in drug money. But defense lawyers went on the offensive, accusing Cole's mother and grandmother of staging the kidnapping to lure Tinnemeyer out of hiding with the cash.

Cole's mother, Julie Puffinburger, testified during the trial and denied the allegations.

She also identified Vega-Rubio as the man who delivered a threatening note to her home. A fingerprint found on the note matched the suspect.

One portion of the note stated, "We know about all your family. Where they are at."

"That note, in and of itself, is a very intimidating note," Navarro said.

She also said Vega-Rubio's criminal history prevented her from granting his lawyer's request for a sentence of time served, which could have resulted in his immediate release.

Vega-Rubio, also known as "Bear" and "Oso," has prior felony convictions involving drugs and possession of a firearm. In the latter case, he was accused of pointing a revolver at his sister's face.

Prosecutors argued in their sentencing memorandum that the defendant "has a history of violent behavior toward family members, which includes threats involving firearms."

On Thursday, Vega-Rubio apologized for writing the note that he took to Cole's home and said he was not in his "right mind."

"I just want to be around my kids, my family," the father of four said.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.