Hollister
– Eighteen-year-old gang murder suspect Gonzalo Munguia could be
the first person to be tried in a death penalty case in San Benito
County in more than 25 years.
Hollister – Eighteen-year-old gang murder suspect Gonzalo Munguia could be the first person to be tried in a death penalty case in San Benito County in more than 25 years.
District Attorney Candice Hooper’s decision to seek the death penalty was made public Thursday, after prosecutors moved to combine the case of Munguia with that of 17-year-old co-defendant Emilio Roman.
Munguia and Roman are accused in the slaying of 18-year-old Hollister resident Daniel Gallegos.
Attorney Bud Landreth, who represents Munguia, said his client won’t be put to death.
“No jury is going to sentence this young man to death on the facts of this case,” he said.
But Hooper believes her office has enough evidence to show that Munguia was motivated by his involvement in the Sureño street gang.
“It was a gang-related incident,” Hooper said. “And so he is eligible for the death penalty.”
Gallegos’ mother, Catherine Lara, maintains that her son was never a gang member.
Lara also previously told the Free Lance that the family would prefer Munguia be sentenced to life in prison rather than the death penalty if he is convicted.
The prosecution will present its case at a preliminary hearing, set for May 18, at which Judge Alan Hedegard will decide if there is enough evidence to bring Munguia and Roman to trial.
Hedegard heard the prosecution’s request to consolidate the cases Thursday morning.
“For the purposes of preliminary hearing, the motion to consolidate is granted,” Hedegard said.
Greg LaForge, who represents Roman, said he will request separating the cases again after the preliminary examination if his client heads to trial.
“The case is consolidated for the preliminary hearing only, which we have no objection to,” LaForge said.
LaForge said he is concerned that his client would not get a fair trial if he and Munguia are tried by the same jury, because jurors would be selected based on their willingness to try a capital offense.
Gallegos was fatally assaulted shortly before midnight on July 10, 2006. Authorities said he and his younger brother were walking on Hillcrest Road when a car pulled up behind them. Two people got out of the car and a fight ensued. After the fight, Gallegos was run over with the car and later died from his injuries.
LaForge said Roman was not in the car that ran over Gallegos.
However, prosecutors believe both Munguia and Roman were in the car that ran over Gallegos.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335 or
mv*********@fr***********.com
.
