Hollister
– A Hollister teen accused of a gang-related murder changed
addresses Wednesday afternoon, moving from Juvenile Hall to the
County Jail.
Hollister – A Hollister teen accused of a gang-related murder changed addresses Wednesday afternoon, moving from Juvenile Hall to the County Jail.
During a hearing earlier in the day, San Benito County Superior Court Judge Alan Hedegard denied Emilio Roman’s request to remain in Juvenile Hall after he turned 18 years old on April 5.
Attorney Greg LaForge, who represents Roman, told the judge that the California Welfare and Institutions Code would allow his client to remain in Juvenile Hall. The law states that if a juvenile becomes an adult while detained, he may continue to be held in Juvenile Hall until the age of 19.
LaForge said keeping Roman in Juvenile Hall for another year would not be dangerous.
“He’s been a model detainee,” LaForge said. “He has not caused any problems in the Juvenile Hall.”
However, Yolanda Leon, a San Benito County probation officer, argued that since Judge Harry Tobias charged Roman as an adult in August 2006, he should be transferred and held at the county jail now that he has turned 18.
“In essence he’s not being detained on a juvenile matter,” Leon told the court.
Roman and 18-year-old co-defendant Gonzalo Munguia will appear at a preliminary hearing May 18, at which Hedegard will determine if there is enough evidence to try the teens on first-degree murder charges in the death of 18-year-old Daniel Gallegos last July.
Munguia and Roman are accused of running over Gallegos with a car, possibly more than once, after what police said was a gang-related fight. LaForge has maintained that his client was not in the car when Gallegos was run over.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335 or [email protected].
