By Sebastian Ramirez
COMPTON, CA – Los Angeles County Superior Court Judge John J. Lonergan Jr. cited inconsistencies of the prosecution’s motion and charges, noting the jury’s mistaken gun charge allegation toward the accused, whose resentencing was being considered here last week.
The judge granted the accused his resentencing, disagreeing with a statement in the jury transcript that stated, “The Petitioners (accused) had particles on their hands consistent with gun residue.”
Judge Lonergan discredited these claims noting, “Accused had no GSR (gunshot residue) particles at the scene of the crime, but co-accused did, emphasizing the importance of plurality when accusing both petitioners with gun allegations.”
Judge Lonergan said he was also surprised to find his request for the accused to be released for court was denied by the state prison, adding, “This was a first for me. Usually the state prison always grants for the defendants to be sent out for their hearings.”
Both Judge Lonergan and the Deputy Public Defender Jam Bertrum determined both the accused and co-accused are in vastly different situations and the judge concluded that the co-accused did indeed aid and abet the shooters and denied his petition to be resentenced.
The judge explained, “Co-accused was a principal actor in aiding and abetting and was also identified by multiple witnesses as one of the shooters, he had premeditated intent to kill and there was malice in his intentions. Which is why I cannot grant his petition to court to be resentenced.”
The judge granted the accused resentencing due to the inconsistent motions and charges warranted. The accused’s next court date is scheduled for March 8, 2024, on Webex, and if things are taken further the judge the accused will be ordered out of state prison to determine his sentencing.
