Brothers plead guilty in murder of 16 year old

RALEIGH

The now 14 and 17 year olds avoided a first degree murder trial by accepting a second-degree plea deal.

Brayan Hernandez-Sierra was just 13 years old when he shot and killed Fernando Garibay-Benitez, a rising tenth grader at Millbrook High School, in August 2012. It happened in the 3800 block of Rolling Green Court in north Raleigh as the brothers were leaving an apartment complex in their mother's van.

Prosecutors say Brayan was encouraged by his big brother to ask two teens on the street what gang they were in.

One boy responded with the name of a rival gang. He got away but Garibay-Benitez, who apparently had no gang affiliation, was shot in the head by Brayan.

Seferino and Brayan Hernandez-Sierra both pleaded guilty to second-degree murder and conspiracy to commit first-degree and assault with a deadly weapon.

Seferino was sentenced to between 26 and 33 years, while his brother Brayan was sentenced to between 30 and 38 years.

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