Hollister
– The Hollister man charged with attempted murder after
allegedly stabbing a suspected rival gang member during a
carjacking pleaded not guilty to three felony charges Thursday.
Hollister – The Hollister man charged with attempted murder after allegedly stabbing a suspected rival gang member during a carjacking pleaded not guilty to three felony charges Thursday.
District Attorney John Sarsfield charged Andrew Lopez, a 19-year-old Norteño gang member, with attempted second degree murder, assault causing great bodily injury and resisting arrest. Sarsfield is also seeking gang enhancements against Lopez for street terrorism, according to court documents.
Lopez was arrested last Thursday on suspicion of felony attempted murder, carjacking, auto theft, assaulting a peace officer and participation in a criminal street gang after allegedly stabbing a Hollister man on Union Heights Road and stealing his car.
Sarsfield said the evidence in the case did not warrant a first degree attempted murder charge. In order to charge first degree murder, the prosecution must be able to prove that Lopez planned to stab the victim.
“We charged what we think the evidence supports,” he said.
Public Defender Greg LaForge, who represented Lopez during a brief arraignment hearing Thursday, requested his client’s $1 million bail be reduced “significantly.” Despite objections from deputy district attorney Candice Hooper, Judge Steven Sanders ordered the bail be set at $750,000.
Lopez will return to court May 9 to set a date for a preliminary hearing in the case.
Lopez was still in custody yesterday afternoon and Sarsfield said he was not concerned about the bail reduction.
“I would be surprised if it was posted,” he said.
LaForge declined to comment on the nature of the charges or Lopez’s plea.
“It’s premature. We are just beginning our own investigation,” he said. “And I have not had a chance to fully review the police report.”
LaForge also said that Lopez did not have a criminal record.
Sarsfield said he will likely force Lopez to plea to the charges as filed or go to trial, as has been the prosecutor’s policy in gang and gun cases. However, the district attorney stopped short of guaranteeing the policy would be upheld in this case. Sarsfield said he would have a “better idea” of whether Lopez would be forced to plea to the sheet after the preliminary hearing.
Deputies responded to Union Heights Road last Thursday night after a Hollister resident reported that a man had been stabbed nearby. Deputies found the victim, Carlos Gonzalez, after he had stumbled to a nearby home bleeding from at least two stab wounds. Gonzalez was taken to Hazel Hawkins Hospital and later flown to an undisclosed San Jose-area hospital in serious condition. He has since been released, according to law enforcement officials.
Less than an hour after the alleged carjacking, Lopez apparently hit a parked car in San Juan Bautista while driving the stolen car. Deputies believe Lopez fled the car on foot after the crash and hid in the backyard of nearby home. Several San Juan Bautista residents reported spotting the man. Deputies took Lopez in custody after a brief struggle, during which he allegedly hit one deputy and kicked another. He was subdued after being shot with a Taser stun gun.
Gonzalez is believed by police to be a member of the Sureño street gang. A family member who refused to identify herself contacted the Free Lance last week and denied Gonzalez had any gang ties. Deputies believe Lopez asked Gonzalez for a ride to a family member’s house earlier Thursday night. Gonzalez agreed to give Lopez a ride, possibly because the two men live in the same neighborhood. Gonzalez later told investigators that Lopez had ordered him to get out of the car. When he refused, Lopez stabbed him in the stomach. Gonzalez told deputies that he tried to run away, but was stabbed a second time in the back.
Lopez is being held at the San Benito County Jail in lieu of bail. If convicted of attempted murder, he could face a maximum of 10