SAN JOSE (CBS/AP) – Santa Clara County prosecutors have said a San Jose apartment maintenance worker will be sentenced to four years in jail in the New Year’s Eve shooting death of a burglary suspect.

After pleading guilty Tuesday to involuntary manslaughter with use of a firearm, prosecutors said 26-year-old Luis Ricardo Hernandez will be ordered to serve the time in county jail when he’s sentenced on June 17.

Deputy District Attorney Matthew Braker said Hernandez did not intend to kill 36-year-old Christopher Soriano when he shot him on Dec. 31, but described Hernandez as taking part in “extremely reckless and criminally negligent behavior”

The incident took place after a rash of burglaries at the Summer Breeze apartments.

Prosecutors said Soriano was shot during a struggle when Hernandez and his supervisor tried to make a citizen’s arrest in the apartment’s underground parking lot.

(Copyright 2013 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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