Formerly accused murderer Emilio Roman of Hollister will be
sentenced for his part in the 2006 homicide of 18-year-old Daniel
Gallegos in San Benito County Superior Court.
Formerly accused murderer Emilio Roman of Hollister will be sentenced for his part in the 2006 homicide of 18-year-old Daniel Gallegos on Wednesday in San Benito County Superior Court.
Roman, 17 at the time of the crime and now 19, at first faced adult charges of murder, torture and enhancements for being part of a criminal street gang. If convicted, he would have received a life sentence without the possibility of parole.
Public Defender Greg LaForge, however, struck a deal with District Attorney Candice Hooper in which those charges were dropped in exchange for his guilty plea to charges of assault by means of force likely to produce great bodily injury and a special allegation for street terrorism. His case was also transferred to juvenile court as part of the deal.
Roman has been incarcerated in San Benito County Jail since the crime occurred two years ago and would receive credit for his time served against any jail sentence he would receive Wednesday.
Police say he, along with 20-year-old Gonzalo Munguia, got into a fist fight with Gallegos and his younger brother near the 200 block of Hillcrest Road in July 2006.
During the fight, police allege that Munguia entered into a sedan and ran over Gallegos, then backed up over him again before fleeing the scene with Roman. Gallegos was still alive when authorities arrived but died later after being flown by helicopter to a Bay Area hospital.
LaForge has contended that Roman was not in the vehicle when Munguia killed Gallegos, although a police report lists him as sitting in the passenger seat when the homicide happened.
At a hearing May 30, visiting judge Alan Hedegard ordered the public out of Roman’s hearing once it was moved to juvenile court. After the hearing, a document was submitted by the Free Lance outlining a law that allows public access to juvenile cases that deal with serious charges such as murder and torture. Upon review of the law, Hedegard allowed court documents to be viewed and promised the Free Lance access to future hearings regarding Roman.
Munguia remains in custody at San Benito County Jail and will head to court in August, when Hooper has said she will seek the death penalty against the man. Munguia would be the first person to face execution from San Benito County.
