Yolo County Judge Stephen Mock sentenced Rudy Ornelas on Thursday morning to 45 years in prison following his July jury trial in which he was found guilty of unpremeditated attempted murder, use and possession of a firearm and assault with the firearm.
As the Vanguard reported on July 20, Mr. Ornelas had been accused of chasing and firing at Abel Trevino, a man he had known for many years, with a loaded 9mm handgun belonging to another acquaintance, Claudio Magobet. The prosecution’s position, with some of the testimony and most of the police reports in support, was that Mr. Ornelas and Mr. Trevino had a dispute over drugs and money.
The Vanguard spoke at length to Mr. Ornelas’ Attorney, Rodney Beede, who informed the Vanguard that they would be appealing the sentence based upon the insufficiency of the evidence.
“My most intensive grounds for appeal are that the courts are permitting people to testify under plea bargains and under intense pressure to say what the prosecution needs them to say,” said Rodney Beede on Thursday at the Yolo County Court House following the sentencing of his client.
“If you go back and look at the paperwork, and you find Claudio Magobet’s paperwork, you will find that plea bargain and a caption in it which says, ‘he promises to tell the truth,'” Mr. Beede continued, “But think about it for a moment, if you’re promising to tell the truth, you don’t have anything that supports the prosecution. They’ve got nothing to offer. So the truth has to be the one [that the prosecution wants said].”
He continued, “The old expression is that the truth will set you free. Well, the truth, for the purposes of Claudio Magobet, are whatever he needs to say to get out of this.”
“The complaint that we defense attorneys have is that the persons that say that they saw these things say these things are under intense pressure to resolve the cases and not serve the life sentences,” Mr. Beede said.
“Mr. Magobet’s attorney advised him that if he had nothing to offer the prosecution he would sit where Rudy [Ornelas] was. Meaning that Rudy would be blaming Claudio, Claudio would be blaming Rudy, and the jury has a very long history of saying we don’t like either one of these people.”
Mr. Beede said his biggest complaint is always the same, “The Supreme Court and the Appellate Courts are dealing with this issue every day. At what point is it not a matter for the jury to decide. At what point is the witness so manipulated and so pressured and so needful of saying what needs to be said to help their situation, that they just can’t be allowed to testify.”
“There is an appellate standard for this that says that a court may make a determination that a witness simply was under so much pressure he was not credible. The problem in criminal defense, is that most judges simply let a jury decide it.”
Mr. Beede also spoke about two of the key witnesses in the case. First was Tiffany Martinez. Tiffany Martinez, mother to Mr. Trevino’s children, who had also previously, and recently, dated Mr. Magobet, said that Mr. Ornelas and Mr. Magobet may have joined her on that day at her place, and gotten high on meth with her. But her life at the time was crazy, and she remembers little. She has now been off meth for two years. She remembered being with Mr. Trevino that day, and that she had been taken with him to a motel room “for her safety.”
Ms. Martinez testified that, although she doesn’t remember much, she knows that practically everything she told the police in her statement was a lie, and that she felt that Mr. Trevino and Officer Godden (and others present) intimidated her into naming Mr. Ornelas as being with Mr. Magobet that day, having Mr. Magobet’s gun, and being with Mr. Magobet in Mindy McKinnon’s brother’s vehicle. She said Officer Godden made statements as to what might have happened, and that she just agreed with them. She insisted that her statement on record was undoubtedly mostly lies.
“Tiffany Martinez was the woman who now was working with Claudio Magobet, who had children by Abel Trevino,” Mr. Beede told the Vanguard. “Abel [Trevino] had a history of beating her, [so] Martinez said Claudio and Rudy came over, Rudy had a gun, and they were looking for Abel Trevino.”
“On the witness stand she said, ‘I only said those things because they put me in a motel room with Mr. Trevino and he started beating me and told me I had to say these things,'” she continued. “So they showed her tape to the jury right after it happened. They put the Officer [Steve Godden of the West Sacramento Police Department] on the stand, saying they didn’t pressure anybody, they took her statement right out in the parking lot.”
The jury believed that version. “I think the key evidence in the case was a guy named John Gilman,” said Mr. Beede. John Gilman was the neighbor to Mr. Trevino who witnessed at least a portion of the event. However, when Mr. Gilman was on the stand, he was unwilling to say that Mr. Ornelas was the one who shot at Mr. Trevino. But as Mr. Beede pointed out, “Right after the event he said, the guy that I saw shoot at Abel Trevino was the guy who was known as Rudy.”
Mr. Beede thought that, given the conflict in the two testimonies of Mr. Gilman, the jury was more willing to believe “what he was willing to say right after the event. They just determined that. We disagree, but they just determined that.”
He said when he talked to members of the jury afterwards they believed Mr. Gilman’s initial statements.
Rodney Beede said he was disappointed in the outcome of the trial. Mr. Ornelas and Mr. Trevino, according to Mr. Beede, were lifelong friends and that while Mr. Ornelas had a criminal history, he did not have a history of this kind or level of violence. “Claudio Magobet was angry that the woman he was with had a momentary sexual experience with Abel Trevino. Everything was hot that day. Magobet had the guns. Magobet admitted he wanted to hurt him.”
During sentencing there was an interesting statement by Judge Mock, who indicated inconsistiences in the probation report. Included in the report was a supposed statement by one of the officers, indicating Mr. Ornelas had been in possession of the gun two days after the shooting. That was apparently meant to say “at the time of the shooting,” but the gun has not been recovered, or is not in evidence.
Rodney Beede, attorney for Mr. Ornelas, indicated his extreme disappointment with the jury’s verdict, even with the finding of no willful intent to attempt murder. He reiterated the defense’s view that Mr. Ornelas was not the shooter, was not the person with the gun or the motive. He also pointed out the “quality of the witnesses” to be a deciding issue, as Trevino and Magobet received reduced sentences in their plea agreements, and others demonstrated, throughout their testimonies, that there had been possible coercion, personal motives or drug-impaired memories and mental states at the time.
dmg: “The defense, however, argued an alternative scenario, supported by witness testimony, including some witnesses who contradicted what they had told the police.”
Witness credibility is crucial. If a witness gives one version of events at the time of the crime, then changes his/her story for trial, credibility of the witness comes into question, and can essentially negate the testimony of the inconsistent witness in the minds of jurors.
I would also assume the defense was allowed to point out Magobet took a plea deal, which would be a reason for Magobet to accuse the defendant of being the shooter. This would go to the credibility of Magobet’s testimony, essentially negating his testimony as self-serving.
The jury then has to take into account the totality of the testimony – and chose to believe witness statements made at the time of the crime. In a siutuation like this, that doesn’t seem unreasonable to me…
‘that doesn’t seem unreasonable to me... “
It does to me! It should be justice for all. The Yolo County DA uses too many plea bargains to get people to testify against others. It is clear that if more than one person is involved the DA is more concerned about nailing one person to the cross rather than taking the time/effort to investigate the actions of each person individually. A “win” is all about getting a serious conviction and nothing about getting it right. This is a bad process that certainly leads to wrongful convictions.
Alphonso: “It does to me! It should be justice for all. The Yolo County DA uses too many plea bargains to get people to testify against others. It is clear that if more than one person is involved the DA is more concerned about nailing one person to the cross rather than taking the time/effort to investigate the actions of each person individually. A “win” is all about getting a serious conviction and nothing about getting it right. This is a bad process that certainly leads to wrongful convictions.”
What you are complaining about is the plea bargaining system itself. The problem though, is there are actually valid reasons for the system. It keeps the number of trials down so that defendants can have speedy trials; allows for conviction of actually guilty defendants if there is weak evidence; saves the state money, etc. If the state were to try every person arrested for a crime, our courts would literally grind to a halt.
So what would you suggest in the place of plea bargaining? Are you saying this DA should not be allowed to use the tool of plea bargaining, even tho it is legal? That the DA should not have brought charges against this defendant at all? I’m not trying to be difficult here, but the problem of plea bargains doesn’t seem to have a good solution, which is true of many issues…
ERM-I have seen plea bargains used as an inducement for favorable testimony, as a means to give a defendant lesser punishment when the DA feels that the mandatory sentence for the greater offense is excessive and to clear space on the courts’ calendars. The first two situations frequently give rise to cries of prejudice and favoritism. Like most tools, the outcome is determined by the user’s skill and intent. I am always troubled by the third, because of the potential injustice to all parties. It should remind us to be careful to whom we grant such powers.
As a friend of both Rudy and Abel I can’t really call it.I was in touch with both families in search of a solution,that now is impossible.I went to school with theese guys as well as Ruben Salgado,all i can do is stick with the cards left and hope to prevail…
“So what would you suggest in the place of plea bargaining?”
I have no problem with the concept of plea bargains except when-
They are used to coerce testimony that is favorable to the prosecutor’s case against another person, when both parties are involved in the same crime. The concern is the testimoney is likely unreliable and it does not appear the prosecutor cares. It seems to be the process of a lazy prosecutor.
When a group of 4-5 people are involved in the same matter but the prosecutor offers different deals to each member of the group. However, the DA will not accept the deal from any of the individuals unless all of the individuals are willing to accept the deals. This is a game to play the individuals against each other. The DA hopes to get a more significant “victory” aganist one or two defendants using this technique. Again this is a coerced plea.
biddlin: “It should remind us to be careful to whom we grant such powers.”
This is the heart of the issue. There are some guidelines DAs must follow, obviously. But the DA has wide discretion in how to apply the plea bargaining system. The DA also has financial constraints, which complicates the issue. I’m not overly fond of the plea bargaining system – I’ve seen/heard of horrible abuses. I see plea bargaining as a necessary evil, if you will. I wish there were a better answer, but I haven’t thought of one.
There are two professions to my mind that are crucial in anyone’s life, bc it can mean life or death, and that is the justice system and health system. Both are horribly flawed, but how to make them better is not clear…
[quote]
What you are complaining about is the plea bargaining system itself. The problem though, is there are actually valid reasons for the system. It keeps the number of trials down so that defendants can have speedy trials; allows for conviction of actually guilty defendants if there is weak evidence; saves the state money, etc. If the state were to try every person arrested for a crime, our courts would literally grind to a halt. [/quote]
There are lots of things that was legal and then used in ways that the law was not intended. When a DA uses Plea bargains for his own interest, for his political advancement, for his own agenda, then it is not the plea system that is wrong it is the DA that is using it wrong.
It is legal for cops to use force in an arrest, it does not mean that just because it is authorized that it should be done. It is legal for a cop to write a speeding ticket for going one mile over the posted limit, but it is not what should be done.
Those who defend this DA, I hope have to face him someday and have the tools, tricks and legal loop holes he uses, used on them, perhaps they will get then how this just wrong.
[quote]]”…he was found guilty of unpremeditated attempted murder, use and possession of a firearm and assault with the firearm.”[/quote] Just how many more charges could be included for the same act?! Wonder if the total sentence had many elements to it–and how each charge contributed to the total? As I remember, Abel Trevino was able to avoid getting shot in this episode. But there was a pile of prior felonies, right? Is this second or third strike for him? Guess the only reason Ornelas got such a light sentence was because DA couldn’t prove premeditation.
no offence David, but all of your desperate pleas to stand up for the rights of the criminals is beginning to make me sick. What I hope is that one day, you will be a victim of a violent crime, then just as the judge is about to throw the book at the criminal who took away your dignity and safety, some fucsking defense attorney and pro criminal reporter will come in and demand that your attackers rights are being taken away, and a retrial is necessary because of “civil” rights issues.
And then the judge will fold, give a retrial to the “victim”/criminal, and the criminal will be set free because he was “discriminated against.”
tell me, so can i belong to any “gang” i want to and be protected by freedom of association?
can i belong to child killers of America coalition? what about Cocaine Trafickers Union of the Union…what about that? Does the freedom of association amendment protect me as it would let’s say the Mafias United Consortium of the Federation?
You’re taking this whole thing entirely too far David.
Be reasonable okay. The more you post these ridiculous stories about how the DA is taking away the rights of criminals to commit crimes, the more I feel safe.
Thank God for the DA for taking away the rights of criminals to commit crimes. Thank God for the cops..THEY ARE DOING THEIR JOBS!!!
When someone commits a crime against your wife or your daughter or you, you’ll be running and begging to the criminal justice system to do its job. I was so insulted that you were trying to limit the impacts of domestic violence. The fact that you act like it’s no big deal that a man hits a woman, then threatens to kill her if she calls the cops is truly sickening to me.
Is the MEXICAN MAFIA bankroling your blog?
we all the know the plea bargaining system is designed to get one criminal to snitch against another.
either way, who cares…one criminal behind bars is better than no criminal behind bars.
screw all you pro criminal assholes….when you committ crimes you don’t have any rights.
if you don’t like it, then you can always go to mexico, or somalia, where there is no justice system, criminals can roam the streets with guns, they can rape women, kill children, deal drugs, destory lives and get away with it.
go there. it’s obvious you want this kind of a lifestyle in America, but thankfuly for the law abiding citizens of this country, we do like a little safety in our cereal.
like i said, if you don’t like it LEAVE!!!! Sorry but you won’t get your rights to beat women and children, shoot innocent ppl, break and enter homes, etc etc in this country.
LOCK EM UP AND THROW AWAY THE KEY!!!!
GET OUT OF OUR LEXICON CRIMINALS!!! GET OUT OF THIS COUNTRY
In case you haven’t noticed Judge Mock gives very severe sentences, usually not fitting the crime.
either you want to be safe or you don’t bystander.
i would like to live in a safe community, but since we’ve let in a bunch of rif raff into this community..slum lords at big apartment complexes are the biggest offenders…anyway since we’ve let the riff raff into this community, there’s been so much crime.
college square apartments and j street apartments on j street opened up a corporate account to wyotech automotive school and since they’ve been here, theyve made life hell for the residents over here.
it’s a good thing, i think it’s a good thing..
we really do need more riff raff in davis and more low income houseing..
the more crimes and criminals living here in this expensive dirty overated ghetto of a town, the more affordable it will become.
i can’t wait till ppl actually wake up to realize that they paid five hundred thousand dollars to live in a shtty little beat up old house in a low class ghettho gang infested neighborhood.
hee hee. touche.. looks like the jokes on you mr. and mrs. conservative/liberal.
guess what, you’re surrounded by dirty polluted water and air, dirty soil..thanks to the right wing republican farmers.
you’re also surrounded by illegal immigrants and bully gangster school children that are constantly demanding thier rights to bully your kids.
ha ha ha..looks like the jokes on you.
welcome to davis.
slumlord heaven
Indigorocks,
You ought to be ashamed of yourself for all the foul language that you use. You are prejudice, you dont know how to spell and you should be banned from this site. CLEAN UP THE MOUTH AND GROW UP!!!
Rudy belongs out of prison ,to help mentor our youths,as a cell mate of his in juvenile hall I wrote a note to mother promising to stay out of prison,Abel was a star athlete along side of me in high school(River City) also.What’s wrong with the system/nothing.relocating these individuals outside of incarceration is what should be done.We have the U.S. Census working with us,use the correct info,call the school district about a possible merger with Sacramento County to be more active on early gang activity…