In the early morning hours of June 19, an individual was approached outside of the Cottonwood 7-Eleven in Woodland. They asked him if he had money, when he said no, he was asked if he “bangs” if he was a “scrap” or a “DO.” When he failed to respond, he was hit and attacked.
They allegedly yelled gang slurs and one of them lifted up his shirt and said, “Should I shoot this Nigga?” They then took some of his property including his bike.
According to published accounts, investigating offers spoke to the victim and learned he had been approached by five to six suspects outside of the 7-Eleven and asked for money. He said that the suspects attacked him without provocation.
“During the attack the victim sustained non-life-threatening injuries and later refused medical treatment,” a police press release stated. “The victim, who is not believed to have any gang association, reported that the suspects stole various items from the victim’s possession and yelled gang slurs during the assault. These four suspects were positively identified as being the same subjects that attacked the victim and stole his belongings. Some of the victim’s property was recovered from the suspects.
“While officers were on Community Lane, a subject was seen repeatedly peeking out of bushes near the northwest corner of Community Lane and West Lincoln Avenue. This subject’s behavior was also reported to dispatch by a witness in the area. Believing this subject may have also been involved in the robbery, officers responded quickly down the street to attempt contact him,” the release stated.
The release continued, “A subject, later identified as 19 year-old Woodland resident Juan Fuentes, was located hiding in the bushes in this area and was forcibly taken into custody after he refused to comply with the officer’s commands to come out. Fuentes was also positively identified as one of the suspects involved in the robbery.”
Also arrested were 21 year-old Woodland resident Christian Roa and 20-year-old Woodland resident Jose Jimenez-Munoz, on Cottonwood Street near West Lincoln, 19-year-old Woodland resident Justin Gonzalez and 21-year-old Woodland resident Anthony Ozuna on Community Lane midway between West Lincoln and West Main Street.
On Friday, four of those defendants were held over by Judge David Rosenberg to stand trial on armed robbery and gang charges.
John Perez, a detective with the Woodland Police Department and a member of the Yolo County Gang Task force, testified in Friday’s preliminary hearing that the behavior in this incident was in his opinion done for the purposes of benefiting a criminal street gang, in this case, the Norteños, and it is his opinion that each of the suspects is a member of that gang.
He testified that in gang culture there is the expectation that each member will back up each other in a show of strength and allegiance. He said it is common to shout out gang slogans in hopes of gaining notoriety, with passers-by knowing who is doing the assault.
The willingness to commit acts of violence, he added, is a way to enhance one’s reputation and intimidate victims and witnesses from coming forward to report crimes.
A holding order on a preliminary hearing represents a low bar for the prosecution. They merely need probable cause to believe that a crime might have occurred.
However, proving that the individuals charged in this case did what was alleged figures to be problematic, in particular for a few of the defendants. The victim was accompanied by a female and their testimony somewhat conflicts. The victim gave a vague description that five or six guys attacked – a sixth guy has never been found and Mr. Roa is not believed to have been involved in the attack.
Defense attorney Jeffrey Raven made a compelling case for his client Jose Jimenez, who he argued can be seen on a video exiting the store prior to the attack and leaving the scene. He comes back and re-enters the store seven minutes later – when he does he casually looks at chips and beer, purchases his chips and leaves the scene walking out slowly.
Mr. Raven argued that even if he intended to intervene in the fight, he gets back to the scene too late. The fight is over. He is not found with stolen property and there is no evidence that he is involved in the robbery.
He argued that the only evidence that places him at the incident (as opposed to the 7-Eleven) is that the victim identifies him as being part of the group to attack him. However, his female companion described Justin Gonzalez, now in a wheelchair due to injuries suffered in a shooting, as being involved in an initial altercation with the victim and, after he was put down by the victim, the other two attacked him.
As Teal Dixon, deputy public defender for Justin Gonzalez, noted, Mr. Gonzalez would request a dollar, then was involved in a fight and the victim got the best of Mr. Gonzalez.
The victim ultimately fled the attack.
Ava Landers argued that her client was not seen in the store video at all, and argued he was not at the 7-Eleven. However, Judge Rosenberg would note that witnesses saw him outside of the store, engaged in the combat.
Ms. Landers added that Mr. Ozuna had no criminal history, no gang contacts, and only a few tattoos.
Judge Rosenberg noted after the lengthy preliminary examination that there was sufficient evidence to issue holding orders. However, he acknowledged that there will be witness identification issues which will challenge the prosecution’s ability to gain convictions in this case.
He said there was strong evidence that Mr. Jimenez was late to the fight, but felt, based on the victim’s identification of Mr. Jimenez, that was sufficient evidence for a holding order.
In a later discussion with Mr. Raven, he acknowledged there is a strong probability that Mr. Jimenez would be acquitted. Nevertheless, he maintained the bail at the scheduled level despite Mr. Raven’s pleas that Mr. Jimenez might serve months in custody for a crime he was ultimately acquitted of.
When Ms. Dixon attempted to argue for her client’s release, noting his medical condition in a wheelchair, Judge Rosenberg noted there is evidence that Mr. Gonzalez was the instigator in the fight and that he had actually attacked a much larger individual, which did not make a lot of sense to him.
Judge Rosenberg held them to answer on all counts which are Penal Code section 211, armed robbery, and PC section 186.22(a), for criminal street gang activity. Mr. Fuentes also faces a misdemeanor PC section 148(a) for resisting arrest.
They will be arraigned on the information on July 31 in Judge Rosenberg’s courtroom and will face trial at a date to be determined.
—David M. Greenwald reporting
What were the circumstances around Gonzalez being shot and were these people validated gang members. How do we know Gonzalez was sitting in a wheel chair due to a medical necessity and what does that have to do with being released from jail?
[quote]In a later discussion with Mr. Raven, he acknowledged there is a strong probability that Mr. Jimenez would be acquitted. [/quote]
What is Raven supposed to say? “Yep, my client is guilty as the day is long.”
This is the Woodland Police Press Release from November 4:
[quote]On Sunday, November 4, at about 8:41 pm, Woodland police officers responded to multiple reports of a gunshot in the 1200 block of Donnelly Circle. The victim was seen getting into a car that immediately left the area.
At about 8:52 pm, officers were dispatched to the Woodland Memorial Hospital for a report of a man with a gunshot wound. Officers found 18 year-old Woodland resident Justin Gonzalez at the hospital with a traumatic, but non life threatening gunshot wound to his lower right leg. Gonzalez was later transported by ground ambulance to Mercy San Juan Hospital in Carmichael for further treatment.
This incident is currently being investigated by the Woodland Police Department. Anyone with information regarding the shooting is encouraged to call the Woodland police department at (530) 666-2411. Callers may remain anonymous. [/quote]
[quote]What is Raven supposed to say? “Yep, my client is guilty as the day is long.” [/quote]
That was Rosenberg who said that there’s a good chance Mr. Jimenez could be acquitted, I think he said, “your client could very well be acquitted.”
What did the police investigation reveal?
I just emailed the PIO in Woodland to see what came of that case. It was referenced by the gang expert as evidence of gang involvement. Donnelly is a notorious enclave for the Surenos and he surmised that the only reason that he would go to Donnelly circle was gang activity, though it didn’t seem like he had more than that.
According to Lt. Cucchi of Woodland PD, Mr. Gonzalez claims that he was shot at. There was an altercation. They think it was actually self-inflicted that as he pulled the gun out of his pants it went off and shot him in the leg. The LT. said he claims he was shot at, so they can’t close the investigation but that Mr. Gonzalez is the only witness they talked to who says he was shot at.
Was Roa charged?
I’m a bit confused on that. He’s listed on the court calendar with the same case number, but he wasn’t there and reference was made to his lack of involvement. So I’m tempted to say he is not charged, but not sure.
“When Ms. Dixon attempted to argue for her client’s release noting his medical condition in a wheel chair,…”
Why does being in a wheel chair have to do with grounds for being released? This contributes to public perception of being soft on crime.
Get him a wheelchair-accessible cell and keep this potentially violent guy locked up!
The argument is that OR/ bail is in part based on threat to the public and she argued that him being in a wheel chair diminished his threat. Rosenberg didn’t agreed.