After inappropriately ordering the public out of accused
murderer Emilio Roman’s juvenile court proceedings May 30, visiting
Judge Alan Hedegard has released details of the hearing and San
Benito Superior Court officials will allow the public into future
proceedings in the case.
After inappropriately ordering the public out of accused murderer Emilio Roman’s juvenile court proceedings May 30, visiting Judge Alan Hedegard has released details of the hearing and San Benito Superior Court officials will allow the public into future proceedings in the case.
A document outlining the hearing’s actions show Roman’s murder and torture charges getting dropped in exchange for charges of assault by means of force likely to produce great bodily injury and a special allegation for street terrorism.
Hooper had planned to try Roman – who was age 17 at the time of the suspected crime – as an adult. If convicted in adult court, he would have received life in prison without the possibility of parole.
With the help of public defender Greg LaForge, Roman struck a plea deal with Hooper to drop the murder charges and send the case to juvenile court, where Roman will face a much lighter sentence.
Roman, 19, along with Gonzalo Munguia, 20, were accused of premeditated murder, torture and enhancements on suspicion of being part of a criminal street gang after the 2006 homicide of 18-year-old Daniel Gallegos.
Police say Munguia killed Gallegos when he ran over him with a sedan before backing up over him again after a fist fight near the 200 block of Hillcrest Road on July 10, 2006.
San Benito County District Attorney Candice Hooper has said Roman and Munguia “hunted down” Gallegos and his younger brother and that Roman punched Gallegos to the ground just before Munguia ran him over.
Before Roman’s final adult hearing, Hooper told a Free Lance reporter and photographer they would be “kicked out” of the courtroom since the case was transferred to juvenile court. Once Hedegard granted Hooper’s request, he cleared the courtroom, citing juvenile cases as “closed to the public.”
The California Welfare and Institutions Code, however, states that all juveniles charged with serious crimes such as murder and torture will be tried in public.
After Hedegard closed the hearing, an open records attorney noted in a Free Lance story that California law calls for such cases to remain open to the public, and a reporter dropped off the code section to court officials and Hooper’s office.
Authorities followed up by releasing a file detailing the juvenile proceedings and vowed to allow the media in future hearings.
According to the new court file, Roman is a documented Sureno street gang member, known within the gang as “Monkey.” He was on probation for gang-related assault with a deadly weapon and three other physical altercations when he was arrested for murder in 2006, according to documents.
The police report taken at the murder scene states that Gallegos’ brother said Roman was inside the vehicle when Munguia drove the sedan over Gallegos.
In juvenile court May 30, prosecutors and probation officers urged that Roman be kept in jail until his sentencing “for his own protection” against rival gang members, according to court documents.
Hooper has said she will seek the death penalty against Munguia, who heads to trial in August and would be the first San Benito County resident to face execution.
Court officials have said the media can attend future juvenile hearings regarding Roman.
