On August 30, 2016, six individuals appeared in court facing criminal charges, allegedly involved in the fatal stabbing death of Ronald Antonio. All six co-defendants pled not guilty to the charges of first-degree murder. Additionally, all of the individuals are charged with felony street gang activity.
In the afternoon of February 24, 2017, Judge Daniel P. Maguire presided in Department 10 over the Penal Code section 995 (motion to dismiss) hearing for some of the codefendants. The courtroom was packed. Deputy District Attorney Michael Vroman represents the People. On the side of the defense, defense attorneys present included: J. Robert Spangler, James M. Granucci, Roberto Marquez, Deputy Public Defender Ron Johnson, and J. Toney. They represent, respectively: Ms. Malinda Joy Collins, Justin Matthew Gonzalez, Alexis Ivan Velasquez, Cynthia Maria Tello, and Vanessa Lynette Ramos.
Ruby Morningfeather Aradoz was also present, however, her attorney was not.
Mr. Vroman began discussing what he believed was the chain of events after Mr. Antonio was stabbed. He described Tello, Gonzalez and Velasquez arriving at Ramos’ residence, where Ramos lived with Tello and perhaps Gonzalez. From there, Mr. Gonzalez and Mr. Velasquez made a change of clothes and blacked out the trailer to give the appearance that everyone in the trailer had been sleeping throughout the night. Mr. Vroman stated Ms. Ramos intended to appear to be sleeping next to Mr. Gonzalez, again to give the appearance that they had been doing so all night.
Mr. Toney argued, “You have to do something…It is not enough that you’re just there…Nothing in the record that shows that.” Judge Maguire stated he could see why it was suspicious, but he did not believe it to be evidence enough. As he was ready to grant the motion to dismiss for Ms. Ramos, it appeared Mr. Toney never actually filed the 995 motion for. Moreover, before he could state that he would, Mr. Vroman promptly objected to such a motion, due to the fact that Mr. Toney had plenty of time to have already filed that motion.
When Mr. Toney asked for unsupervised release of Ms. Ramos, Mr. Vroman quickly objected to that as well.
However, Ms. Ramos was to be released on unsupervised OR.
Judge Maguire then discussed the issue of hearsay and gang involvement regarding Ms. Collins. There is a three-chain statement for presenting enough evidence to be held to answer on the charges. His tentative ruling on the statement was that two of the three chains were correct and, even if the second were excluded, there was enough evidence for a substantive charge. Moreover, Judge Maguire asked for further argument regarding the gang charges.
Mr. Spangler spoke on the statements of hearsay and then brought up the fact that there was no expert gang testimony regarding Ms. Collins. Mr. Vroman followed by reminding the court that she is associated with Mr. Gonzalez and Mr. Velasquez, who are affiliated with gangs. When Mr. Vroman continued to describe the circumstances that prove the gang affiliation, Mr. Gonzalez was seen chuckling.
Finally, Judge Maguire decided that the jury was well within its power to decide on the first count. However, he did grant the 995 as to count two.
Next to speak was Mr. Marquez on behalf of Mr. Velasquez. Mr. Marquez’s concern was that the grand jury had to make a finding on “premeditation,” and whether or not they were properly instructed.
With respect to Mr. Velasquez’s further arguments to 995, the court is to reconvene on March 10, 2017 at 2:30pm. This date will also address the representation issues of Mr. Toney and Tello’s 995.
