Hollister
– An outside judge will likely be brought in to preside over the
trial of two local teens accused in the July gang murder of Daniel
Gallegos.
Hollister – An outside judge will likely be brought in to preside over the trial of two local teens accused in the July gang murder of Daniel Gallegos.
Although a judge hasn’t been assigned to the case, San Benito County Superior Court Judges Steven Sanders and Harry Tobias were both papered for removal from the case on Wednesday.
The two teens, Gonzalo Munguia, 18, and Emilio Roman, 17, pleaded not guilty to charges that they ran over and killed 18-year-old Daniel Gallegos following what police are calling a gang-related altercation on July 10.
Roman’s attorney, Greg LaForge, papered Sanders during a discovery hearing on Wednesday.
“My client has a choice to remove a judge of his own volition,” LaForge said Thursday. “It’s common and routine, nothing personal against the judge.”
Prosecutor Stephen Wagner then asked for Tobias to be removed from the case. San Benito County District Attorney John Sarsfield declined to comment on his motivation for having the judge removed from the case.
With requests for both local judges to be taken off the case, Sarsfield said an outside judge would likely be assigned to the case.
Both Munguia and Roman will appear in court Oct. 25 for a preliminary hearing setting date.
The slain Gallegos, 18, and his 16-year-old brother had been walking in the 200 block of Hillcrest Street in Hollister shortly before midnight July 10 when Munguia and Roman allegedly drove up behind them in a late-model Ford sedan. Police believe the two suspects got out of the car and walked toward Gallegos and his brother. Roman was allegedly wielding a beer bottle and Munguia a crowbar, police said. A fight broke out between the four teens, police said. Later, the two suspects allegedly got back in the car and ran over Gallegos, possibly more than once, according to police.
Munguia was allegedly driving the car when Gallegos was run over, according to Sarsfield.
Both Munguia and Roman are documented members of the Sureño criminal street gang, according to police.
The teens are being held at the San Benito County Jail pending trial.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 332 or [email protected].
