Judge Orders Alleged Gang Member to Stand Trial in 7-Eleven Attack

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