Hollister
– District Attorney-elect Candice Hooper has been putting
criminals behind bars for the last two decades, but she will face a
host of new challenges next year, including the prosecution of her
first two murder cases.
Hollister – District Attorney-elect Candice Hooper has been putting criminals behind bars for the last two decades, but she will face a host of new challenges next year, including the prosecution of her first two murder cases.
The San Benito County District Attorney’s Office is working hard to prepare for two murder trials that will hit the court calendar after the departure of District Attorney John Sarsfield on Jan. 8.
When Sarsfield leaves, no attorney in the district attorney’s office will have prosecuted a murder case.
Hooper, who will take office in January, has led the prosecution for a felony involuntary manslaughter case. But Sarsfield is confident the district attorney’s office has been left in good hands.
“We’ve had a really aggressive training program the last four years,” Sarsfield said.
The training budget has doubled during his tenure, Sarsfield said.
Hooper said the district attorney’s office will be prepared.
“I don’t think our lack of experience in handling murder cases will be a detriment,” Hooper said.
Harry Damkar, former San Benito County district attorney, said murder trials have the same elements as other felony trials.
“The difference in a murder case is the stakes are much higher for everyone involved,” Damkar said.
The prosecution’s preparation for a murder case involves a thorough investigation, completing lab tests, reviewing jury instructions, ensuring credible witnesses, and preparing opening and closing statements, Damkar said.
Hooper anticipates another difference with murder trials.
“They’re more intense,” Hooper said. “But I believe we have the experience.”
And lack of experience does not mean an attorney is incapable, Damkar said.
“It’s not that you can’t do it,” Damkar said. “You just may have not had the opportunity.”
Damkar said San Benito County sees murder cases in cycles. As district attorney in 1984, Damkar tried four murder cases, he said.
Sarsfield had been involved with the two current murder cases in San Benito County.
A trial date has yet to be set for Gonzalo Munguia, 18, and Emilio Roman, 17, who have been charged in the murder of Daniel Gallegos in July. Hooper will decide whether to seek the death penalty for Munguia on Jan. 12, four days after taking office, according to a court memo. Sarsfield decided in August to try Roman as an adult.
Gallegos, 18, and his 16-year-old brother had been walking along the 200 block of Hillcrest Street in Hollister shortly before midnight July 10 when two assailants got out of a car and attacked them with a beer bottle and a crowbar, police said. After the attack, when Gallegos was lying on the ground, the assailants allegedly ran him over with their car before they fled.
Prosecutors allege that Munguia was driving the car when Gallegos was run over.
Both Munguia and Roman are documented members of the Sureño criminal street gang, according to police.
If Hooper decides to seek capital punishment for Munguia, he will be entitled to a second court-appointed attorney, Sarsfield said. Because capital punishment is a possibility, the court had to appoint Joseph Landreth of Salinas as Munguia’s attorney.
To be appointed to represent a defendant in a capital murder case, an attorney must have special training and experience defending capital punishment cases.
“You literally have someone’s life in your hands,” Sarsfield said.
The only requirement to prosecute a capital punishment case is to be a member of the state bar, Sarsfield said.
The district attorney’s office will also prosecute a second-degree murder case against Rachael Marie Menchaca, who was indicted last week by a grand jury on felony charges in connection with the death of her 9-month-old daughter in September.
Menchaca was arrested Sept. 12, one day after her daughter, Isabella Menchaca, died. Police said the child died after ingesting a narcotic, allegedly while her mother was high on methamphetamine.
Menchaca had originally faced felony involuntary manslaughter and felony child abuse charges. But the grand jury returned an indictment with the addition of second-degree murder to charges of felony involuntary manslaughter and felony child endangerment.
Sarsfield told the Free Lance he decided on using a grand jury because of the unusual facts in the Menchaca case.
Greg LaForge, Menchaca’s court-appointed attorney, questioned the use of a grand jury to secure an indictment.
“They aren’t going to be able to prove it, which is why they probably went to a grand jury instead of a preliminary examination,” LaForge told the Free Lance last week.
Deputy District Attorney Stephen Wagner will lead the prosecution’s case against Menchaca. Menchaca will appear in court again Jan. 9.
Wagner told the Free Lance he feels “confident in presenting the case.”
Hooper said Wagner and Sarsfield were handling the prosecution of Munguia and Roman. Hooper said she will sit down with Wagner soon to determine if his schedule will allow for prosecuting two murder cases at the same time.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335 or
mv*********@fr***********.com
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