LOS BANOS - Whether there were two shooters or one at a Los Banos park
in December when Sureños gang members arrived and allegedly killed
a member of a Norteño street gang was the focus of a five hour
preliminary hearing Wednesday that included police testimony and a reluctant
witness who was with the alleged perpetrators at the time of the incident.
The hearing has not been completed. Proceedings will continue next Wednesday.
Diego Leal, 18, and his attorney Jeffrey Tenenbaum listen to testimony
at Wednesday’s preliminary hearing. The teen is being tried as an
adult with his co-defendant, 16-year-old Fabian Roman for the Dec. 7 murder
of Raymond Sevilla, 17, at Dos Amigos Park.
Diego Leal, 18, and Fabian Cruz Roman, 16, are being tried together, both
as adults, for the Dec. 7 shooting death of Raymond Sevilla, 17, of Dos
Palos. Leal was 17 when the incident occurred. Both defendants have pleaded
not guilty.
According to court testimony, Roman, whom authorities have said is a member
of a Sureño criminal street gang, and Leal arrived at Dos Amigos
Park in the 2200 block of San Luis Street with friends. They encountered
Sevilla, a member of the Norteños criminal street gang, and others
sitting at a picnic bench.
Detective-Sgt. Ivan Mendez testified Sevilla was with Jonathan Garay, Christopher
Bagu and Alexander Rodriguez at the bench just before 7 p.m. Rodriguez
told Mendez several people approached the park.
Mendez said one person from the group approached the people on the bench
and asked to which gang they belonged.
According to testimony, Rodriguez heard shots being fired and started running
north with Sevilla toward San Luis Street. A bullet struck Sevilla in
the back and killed him.
Detective Ramon McDonald testified that Garay told him he saw a person
attempt to pull a handgun from his waistband but it was stuck. Garay ran
and shots started being fired, McDonald said.
Garay attempted to hide in the playground area of the park and was pistol
whipped by someone.
Whether there were two shooters or one is in dispute. School Resource Officer
Dusty Norris testified a Pacheco High School student approached him with
information that he was in the area and heard two different sets of shots fired.
Leal’s attorney, Jeffrey Tenenbaum, and Roman’s lawyer, William
Davis, questioned whether the group sitting in the park argued with the
group who was approaching the area. It was also revealed that Garay had
a BB gun sitting on the table at the picnic bench before the shooting.
The defense attorneys questioned whether the gun could appear to be real
in the dark. They also theorized that Garay shooting the BB gun could
account for any second set of shots that were heard.
Deputy District Attorney Travis Colby subpoenaed Oswaldo Mendoza, who also
took the stand Wednesday. He admitted to not wanting to testify.
Mendoza said he was with Leal, Roman and others at Leal’s home the
evening of the shooting. Someone said they “wanted to take a walk”
and Leal had a gun, Mendoza testified.
Tenenbaum said his client, Leal, did not come up in Mendoza’s first
interview with police. He said it was the second interview with law enforcement
that Mendoza mentioned Leal having a gun.
Tenenbaum portrayed Mendoza and Roman as close friends and Leal as a mere
acquaintance.
“When you were talking to police you knew your good friend Fabian
had shot the men at the park, correct?” Tenenbaum asked.
“Correct,” Mendoza answered.
Outside of court, Davis said he was not worried about Mendoza saying his
client was the shooter. Davis questioned Mendoza’s credibility.
Colby, who is prosecuting the case, said no plea bargains have been offered
to either defendant.
The preliminary hearing will resume at 1:30 p.m. Wednesday. at the Robert
M. Falasco Justice Center in Los Banos.