Hollister
– Steven Gallegos testified in court Monday that one of the
accused murderers was not in a car that ran over his brother and
that it was not a gang fight as authorities had originally alleged
a year ago.
Hollister – Steven Gallegos testified in court Monday that one of the accused murderers was not in a car that ran over his brother and that it was not a gang fight as authorities had originally alleged a year ago.
During a July 10, 2006 altercation in the 200 block of Hillcrest Road, Daniel Gallegos, 18, was run over with a car and died of his injuries early the next morning, police said. Authorities arrested Emilio Roman, 18, and eventually Gonzalo Munguia, 19, in connection with Daniel Gallegos’ death, claiming the incident was gang-related.
The hearing ended an hour early Monday because a driver backed into a patrol car in front of the courthouse and fled. The patrol car was that of officer Rudy Rodriguez, who is acting as lead investigator for the prosecution.
Munguia has been charged with a special gang enhancement in addition to first-degree murder – which makes him eligible for the death penalty.
Authorities allege that Roman and Munguia are members of the Sureño street gang.
Steven Gallegos, the victim’s younger brother, said Munguia was driving and Roman was not in the car that ran over his brother.
When Roman’s attorney, Greg LaForge, asked Steven Gallegos on cross-examination if his client was in the car, he replied, “I don’t believe so.”
San Benito County Sheriff’s Detective Tony LaMonica, who investigated the death in the same role with the Hollister Police Department, testified that Emilio “was in the passenger seat.”
But during LaForge’s cross-examination of LaMonica, the detective said he didn’t think Roman was in the car when it ran over Daniel Gallegos.
The younger Gallegos also told the court the July 10 altercation was not a gang fight – but “just a fight.” Steven Gallegos testified that Roman and Munguia had pulled up behind him and his brother that night, exited the car with a beer bottle and crowbar, and then he and his brother advanced toward the two.
“The preliminary hearing went as expected,” LaForge said. “As we’ve stated all along, Emilio was not in the car and it wasn’t a gang fight.”
District Attorney Candice Hooper charged Munguia with a special allegation attesting the murder was done for the benefit of a criminal street gang – which makes him eligible for the death penalty.
“We will be putting on evidence (today) as to the gang enhancement,” Hooper said.
At the end of the preliminary hearing, Judge Alan Hedegard will decide whether Roman and Munguia should be tried.
About a dozen of Daniel Gallegos’ family members and friends were in attendance.
