A judge denied a defense attorney’s request this morning to
dismiss a murder case against a Hollister teen citing lack of
evidence.
A judge denied a defense attorney’s request this morning to dismiss a murder case against a Hollister teen citing lack of evidence.
Emilio Roman, 18, was bound over for trial in the death of fellow Hollister teenager Daniel Gallegos last year.
Visiting judge J. Augustus Accurso denied the request of Roman’s attorney, Greg LaForge.
LaForge argued there was no probable cause to bound his client over for trial, and he maintains that Roman had nothing to do with Gallegos’ death.
The defense attorney said the request was one in a series he plans to file.
“I was just trying to save the taxpayers some money,” LaForge said.
Prosecutors have argued that Roman and his co-defendant, Gonzalo Munguia, are responsible for Gallegos’ death. Prosecutors also argue that Gallegos’ death was gang-related, which makes Munguia eligible for the death penalty.
Witnesses testified during a preliminary hearing – at which a judge decided there was enough evidence to try both teenagers for first-degree murder – that Munguia was driving the car fatally injuring Gallegos.
The teens will be back in court Feb. 25, when San Benito County Superior Court Judge Steven Sanders is expected to set a date for their trial.*
