Francisco Colmenero, who was charged with attempted murder in an
alleged gang-related stabbing, walked out of court a free man when
a judge dropped the case against him because of conflicting
testimony by a key witness. But police say they are still
investigating the case and are looking into other people they
believe were involved in the stabbing.
Hollister – Francisco Colmenero, who was charged with attempted murder in an alleged gang-related stabbing, walked out of court a free man when a judge dropped the case against him because of conflicting testimony by a key witness. But police say they are still investigating the case and are looking into other people they believe were involved in the stabbing.
After a three-hour long preliminary hearing, a judge dismissed the charges against Colmenero, 29, on Nov. 30, said his attorney, Harry Damkar. If Colmenero went to trial he could have faced a maximum life sentence, Damkar said.
Colmenero was charged with stabbing a 30-year-old Hollister resident at a party on Aug. 29. He was arrested in late October after police received a tip that Colmenero committed the stabbing.
Deputy District Attorney Denny Wei said the prosecution was not able to determine who committed the stabbing but charged Colmenero with the crime because police reports indicated he was involved. The DA’s office can re-file the charges on Colmenero, but Wei said he will have to re-examine the evidence first.
“Sometimes you have a bunch of people witness a crime or someone captures it on video tape, but many times you’re not going to have those things,” Wei said. “This is one of those times. We believed there was sufficient evidence to go forward. Of course we’re disappointed.”
Superior Court Judge Steven Sanders dismissed the case because two Hollister police officers testified that one witness gave them inconsistent statements, according to the attorneys.
Damkar said an officer testified that an eye-witness, who was a friend of the victim, told police he saw Colmenero stab the man.
However, Damkar called to the stand the officer who originally took the man’s statement when the attack happened in August. The officer testified that the man said he was across the street and couldn’t see who committed the stabbing because his view was obstructed by cars.
The eye-witness came forward approximately two months after the stabbing when he saw Colmenero in the community and recognized him, Damkar said.
“So was the guy lying the first time or the second time? Either way the testimony was discredited,” Damkar said. “If you don’t have an eye-witness to show my client committed the crime, you don’t have a charge. So the court dismissed the charge.”
Wei said he knew the witness’ statements were inconsistent when the charge was filed.
“The mere fact that there were inconsistencies – we took that into consideration,” he said. “But we had the ID, the stabbing. We believed we had sufficient evidence to go forward.”
Hollister Police Detective Sgt. James Weathers said police arrested Colmenero based on the eye-witness’ identification, and he also thought they had enough evidence to make a strong case.
Weathers said police believe more than one person was involved in the stabbing, but arrested Colmenero for the crime because they believe he was there.
“It’s difficult in a gang case because people don’t like to talk,” he said. “It’s not closed. We know more than one person is involved. They’re all participants, they’re all gang members and they all need to go to jail.”
Damkar said he was prepared to have witnesses testify that Colmenero wasn’t anywhere near the party when the stabbing occurred but didn’t need to.
Damkar said police officers also testified to the defendant’s alleged gang affiliation. Police believe the stabbing occurred because Colmenero was allegedly affiliated with the Norteño gang and the victim was allegedly part of the Sureño gang.
The alleged gang-affiliations were from 1993 and there was nothing to show Colmenero had current gang affiliations, Damkar said.
“He still has tattoos but you can’t take those off and put them in a drawer,” he said. “There was not any hard evidence – it was somebody said so and so is believed to be a gang member. You don’t have membership cards – it’s not like joining the Marines.”
Wei said the prosecution believed the stabbing was committed for gang purposes, but wouldn’t say whether he believes Colmenero is a gang member.
Damkar also said the witness only came forward after he was arrested and faced criminal charges.
“First you don’t see anything, and then lo and behold, some months later when you’re charged with a crime your vision improves,” Damkar said. “Maybe he has X-ray vision like Superman.”
Wei couldn’t confirm whether the man had been arrested and charged or not.
“I can’t remember and I don’t have the file,” he said.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected].
