Hollister
– The two Hollister teens charged with the July murder of an
18-year-old classmate following what police believe was a
gang-related altercation pleaded not guilty Monday during a brief
arraignment hearing at the San Benito County Superior
Courthouse.
Hollister – The two Hollister teens charged with the July murder of an 18-year-old classmate following what police believe was a gang-related altercation pleaded not guilty Monday during a brief arraignment hearing at the San Benito County Superior Courthouse.
Gonzalo Munguia, 18, and Emilio Roman, 17, were both arraigned on murder charges Tuesday morning for their alleged involvement in the July 10 murder of fellow Pinnacles Community School student Daniel Gallegos. Munguia, who appeared somber in black- and white-striped prison garb, answered a series of questions from San Benito County Superior Court Judge Steven Sanders before his court-appointed attorney, Joseph Landreth, entered a plea of not guilty. Munguia is being charged with first-degree murder and a special allegation of participation in a criminal street gang, which makes him eligible for the death penalty under California law. Roman, who was publicly identified Monday for the first time since his arrest, will be tried as an adult on charges of second-degree murder, torture and special allegations of participation in a criminal street gang. Roman’s attorney, San Benito County Public Defender Greg LaForge, entered a plea of not guilty on his client’s behalf.
Munguia and Roman are alleged to have run over Gallegos in a car more than once following what police believe was a gang-related fight.
LaForge insisted that his client was innocent during an interview following Monday’s court appearance.
“My client wasn’t even in the car at the time and, in fact, he was almost run over himself,” LaForge said. “He’s a good kid.”
LaForge said he was considering a gag-order motion for the trial that would keep those involved from speaking publicly about the case. He also said he would consider a change of venue motion that could have the trial moved out of San Benito County.
“It appears from past articles in the Free Lance that the police and the district attorney’s office are poisoning any potential jury pool and appear to be advocating for a change of venue by allowing such false and misleading statements regarding this case,” he said. “Due to such statements, we may file a motion requesting a gag order. In this justice system you are innocent until proven guilty. Our client is innocent and the real evidence will show that when it comes out at trial.”
LaForge said Roman, who faces life in prison if convicted, was a student at San Andreas Continuation School and knew the victim from school and previous skirmishes.
Landreth, a Salinas attorney who has handled eight capital murder cases, was appointed by the court to represent Munguia moments after meeting the 18-year-old defendant for the first time Monday morning.
“I was just called in this morning,” he said, declining further comment on the case until he has had a chance to review it.
Both Munguia and Roman will appear in court again on Sept. 20 for a case management conference. They are being held at the San Benito County Jail without bail, according to jail personnel.
During Monday’s arraignment hearing, neither defendant looked at the other. Both teens talked briefly with their attorneys, kept their eyes on the judge and answered simple yes-or-no questions from the judge stating that they understood their rights. A half-dozen deputies from the San Benito County Sheriff’s office acted as bailiffs during the proceeding. Court visitors, including Roman’s mother, were checked with a metal detector before entering the courtroom, a safety procedure rarely employed at the courthouse.
San Benito County Deputy District Attorney Stephen Wagner, who is working closely on the case with District Attorney John Sarsfield, did not object to the proceedings. Sarsfield said Monday that he had not decided if he would seek the death penalty for Munguia. The victim’s mother, Katherine Lara, previously told the Free Lance that she hoped everyone involved in the death of her son would face the maximum allowable punishment under the law.
Sarsfield declined to discuss the facts of the case.
“Every case we charge we believe is strong,” he said Monday.
Sarsfield said he chose to try Roman as an adult after reviewing the facts and circumstances of the case.
“We thought it was more appropriate to handle this as an adult matter,” he said. “But I’m not even going to get into the facts of the case at this point.”
After the hearing Munguia and Roman were transported back to the San Benito County jail, where they are being held without bail, in separate vehicles.
The slain Gallegos, 18, and his 16-year-old brother had been walking in the 200 block of Hillcrest Street in Hollister shortly before midnight July 10 when Munguia and Roman allegedly drove up behind them in a late-model Ford sedan. Police believe the two suspects got out of the car and walked toward Gallegos and his brother. Roman was allegedly wielding a beer bottle and Munguia a crowbar, police said. A fight broke out between the four teens, police said. Later, the two suspects allegedly got back in the car and ran over Gallegos, possibly more than once, according to police.
Munguia was allegedly driving the car when Gallegos was run over, according to Sarsfield.
Both Munguia and Roman are documented members of the Sureño criminal street gang, according to police.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
