Hooper previously had argued that Roman
– who was age 17 at the time of the suspected crime – be tried
as an adult for his role, which could have resulted in a sentence
of life in prison without the possibility of parole if he was
convicted.
Emilio Roman, a 19-year-old suspected of taking part in Daniel Gallegos’ 2006 murder, will no longer be tried as an adult.
San Benito County District Attorney Candice Hooper on Friday asked to refer the case to juvenile court, and Superior Court Judge Alan Hedegard approved the move.
Hooper previously had argued that Roman – who was age 17 at the time of the suspected crime – be tried as an adult for his role, which could have resulted in a sentence of life in prison without the possibility of parole if he was convicted.
After Hedegard granted Hooper’s request, he immediately ordered all spectators out of the courtroom since juvenile court proceedings are closed to the public.
After the hearing, Hooper said she was “looking into” what information could be released regarding the case and said she would not comment until Tuesday.
Roman’s attorney Greg LaForge has contended that his client was not responsible for the 18-year-old’s death and he said the new trial in juvenile court is a more appropriate place to decide his fate.
“The D.A. did the right thing by transferring (the case) back to juvenile court,” he said. “That’s where it should have been from the beginning.”
Roman has been accused of premeditated murder, torture and special enhancements for being part of a criminal street gang.
Hooper has said both Roman and Munguia were members of the Sureno street gang and the victim, along with his brother, were members of the rival Norteno gang.
Roman appeared in court in shackles and was dressed in black-and-white striped jail attire with an “old English” script tattoo – which reads “ERG” – on the back of his neck.
According to police reports, Roman and 20-year-old Gonzalo Munguia were involved in a fist fight with Gallegos and his younger brother on July 10, 2006. In the course of the fight, Munguia is accused of entering a car and driving it over Gallegos before putting the vehicle in reverse and driving over him again.
When police arrived, Gallegos was severely injured and he was flown by a CALSTAR helicopter to a Bay Area hospital, where he later died of his injuries.
Munguia – who will head to trial in August – is eligible for the death penalty, which Hooper has said she will seek.
Munguia would be the first person to face the death penalty in San Benito County.
