A San Benito County Superior Court judge allowed a case
involving a Hollister resident charged with attempted murder in a
gang-related shooting to move forward, despite the victim’s
testimony that the suspect was not the person who shot him.
Hollister – A San Benito County Superior Court judge allowed a case involving a Hollister resident charged with attempted murder in a gang-related shooting to move forward, despite the victim’s testimony that the suspect was not the person who shot him.
Luis Humberto Garcia, 20, was charged with attempted second degree murder and assault with a semiautomatic firearm, along with a gang enhancement charge, in the shooting of Hollister resident Jose Rosales in late May, according to Deputy District Attorney Denny Wei.
Police said both men have Norteño gang ties.
Police said Rosales originally identified Garcia as the shooter, but now refuses to cooperate.
“From the police report and (Rosales’) contact with law enforcement, we weren’t surprised that he did that,” Wei said.
Wei said he did not ask Rosales if he knew who shot him during his testimony.
“I was uncomfortable asking him questions without his attorney present because we have pending issues with him on other criminal matters,” he said.
Garcia allegedly shot Rosales in the arm with a 9 mm handgun after an order came down from the Norteño hierarchy to either kill or seriously injure Rosales, said Hollister Detective Sgt. James Weathers.
Originally police thought the order came out of the San Benito County Jail because police intercepted a note, found in the possession of an incarcerated gang member, that indicated a “green light” had been put on Rosales, Weathers said. A green light refers to a hit or some kind of retaliation.
“It doesn’t necessarily mean the order came from the jail but from a Norteño gang leader – someone with the authority to give the order,” Weathers said. “It could have come from prison or from the street, but it ended up in jail.”
The note, called a “kite,” is a coded letter inmates write in jail or have smuggled in, and are usually written in extremely small letters and are frequently concealed in the anal cavity, Weathers said.
That particular kite said Rosales should be “smashed on site,” meaning if any active Norteño gang member saw Rosales he should either be beaten, stabbed or shot, Weathers said.
Weathers said police don’t know if the note was given to Garcia specifically.
“As long as word gets out, any Norteño given the opportunity can take a shot,” he said. “He might be trying to make a name for himself, so he took the initiative.”
Weathers said he has a good idea who ordered the hit on Rosales, but declined to say who or why.
If Garcia is convicted on all three charges, he could face up to 21 years in prison, Wei said.
While Wei said the District Attorney’s Office would be willing to consider “any offers the defense wishes to make and will possibly convey an offer in the future,” if a plea bargain is not reached, the prosecution feels confident it has strong enough evidence to take the case to trial.
“The victim recanting was not a shock,” he said. “We would be ready to go forward.”
Garcia will next appear in court for his arraignment, where he will either plead guilty, not guilty or no contest, on Oct. 6 at 9am in Department 2 of the San Benito County Superior Court.
