As six suspects face court proceedings in the January 2011 homicide of Mark Arballo on Park Hill, prosecutors are examining Three Strikes Law ramifications for one of the accused assailants.
Conrad A. Copado, 22, of Hollister, is the lone adult charged in the murder of the 39-year-old Hollister man. Hollister police recently arrested the six suspects – alleging the crime was gang-related and retaliation against Arballo for being a witness to a prior crime – after more than a year investigating the case. Five of the suspects are juveniles, and all of them are charged with first-degree homicide along with gang-related enhancements.
If convicted of all current charges, with the enhancements, sentences for the suspects would range from 35 years to life in prison to the most serious possibility, life without parole.
As things stand, Copado still could face life without parole. A conviction in a three-strikes scenario could result in 25 years to life whether it is a murder charge or a lesser, serious felony.
It appears as though he might not be eligible for sentencing under the Three Strikes Law because of too much overlap with the separate cases, said Deputy District Attorney Patrick Palacios, who is overseeing the prosecution.
Copado, who was in state prison on a prior conviction, is set to appear in San Benito County for court proceedings. His attorney, public defender Harry Damkar, has been ordered to have him moved here, Palacios said. The other five suspects were in San Benito County Juvenile Hall, while two of them recently turned 18 and could be moved to the jail.
Copado’s criminal history, though, could enhance his potential penalty. It might not, however.
In December, a judge sentenced him to nearly 18 years in prison for a stabbing on Halloween in 2009. At the time, he already had a felony battery conviction from 2010.
He was convicted for the battery charge in November 2010, about four months before his arrest in the Halloween 2009 stabbing, in March 2011.
Copado last year pleaded guilty to felony assault with a deadly weapon and other charges, while police are alleging he committed the Park Hill homicide well before accepting that plea. Basically, the felony conviction must occur in succession before the subsequent crime happens for it to count under Three Strikes.
“The conviction didn’t occur until after this crime occurred,” said Palacios, explaining why it might not be eligible for the harsher outlook.
Prosecutors, meanwhile, have filed an order to have him appear at a 9 a.m. Feb. 23 arraignment at the San Benito County Courthouse.
The others charged include Matthew Williamson, 16; Ray Gonzales, 18; Lizette V. Castillo, 17; Tanya Jiminez, 18; and Isaiah Mendoza, 16.
They are accused in the Jan. 4, 2011 assault on Park Hill of Arballo, who suffered injuries to his head and face and died about a month later.
With the exception of Williamson, a Santa Clara County resident, all of the suspects are from the Hollister area.
Anyone with information should call Detective Theresa Aguilera at (831) 636-4330. People wishing to remain anonymous can call WeTIP at (800) 78-CRIME.
