Judge orders trial for alleged Fourth of July killers
Four people, including the victim’s brother, were ordered yesterday by a Superior Court judge to stand trial in the July 4, 2008 stabbing death of a 15-year-old boy.
The ruling upheld an earlier order by the trial judge, and put to rest claims by defense attorneys, who argued that prosecutors failed to show that any of the men were responsible for the killing, or that the group conspired to kill.
The case stems from the death of Emmanuel Roldan, a Westside gang associate, who was fatally stabbed near Stearns Wharf more than two years ago. Police were dispatched to the scene just as Santa Barbara’s annual Fourth of July fireworks show got underway.
The stabbing punctuated a yearlong uptick in gang violence that left three young boys dead, and several juveniles charged with their murders.
The killings sparked widespread community outrage and a crackdown on the city’s battling gangs. Although the tidal wave of fatal violence has waned since Emmanuel’s death, the dismay surrounding the gang members’ willingness to kill each other for little more than living on the opposite side of State Street came to the surface in a rare, and poignant, admonishment yesterday from Judge Frank Ochoa.
Ochoa began by telling the defendants about the significance of the Fourth of July. “It’s the day that ties us all together as a people,” he said, going on to explain that he felt it “incomprehensible” that a group of Chicano kids would get together to inflict harm on others “because someone lives on a different block.”
“The fact that you live on a different block doesn’t make any difference,” he said. “This greatly saddens me, and you disrespect your community when you engage in these types of activities.”
What separates Emmanuel’s killing from most others is the fact that the four people charged with his murder were his fellow gang members. Indeed, one of the defendants, David Roldan, 19, is the victim’s older brother.
Prosecutors say the four defendants, and perhaps others, met at a residence near the site of the killing, discussed the two prior murders of their fellow gang members and their desire for revenge, armed themselves and walked toward Stearns Wharf hoping to fight with a rival gang.
At some point, a brawl ensued. But when the dust settled, rather than hurting Eastside gang rivals, it was Emmanuel who lay on the ground lifeless, the apparent victim of a stab wound inflicted by one of his friends.
In court yesterday, Michael Carty, an attorney representing defendant Victor Arroyo, 17, argued that prosecutors had failed to show that his client, or any of the other defendants, were responsible for Emmanuel’s killing.
Specifically, Carty, and a trio of other local attorneys, claimed their clients couldn’t be prosecuted under the “natural and probable consequences” theory, without knowing who delivered the fatal blow.
The other two defendants are Miguel Marquez, 23, and Daniel Cervantes, who turned 18 yesterday.
Prosecutors allege that one person — Arroyo — most likely drove a knife through Emmanuel’s chest. The others, all of who allegedly conspired to fight beforehand, and showed up armed at a gang fight with the intention to do harm, can also be charged with murder because the natural and probable consequences of their actions was a killing.
In answer to Carty’s claim that prosecutors failed to show who actually killed Emmanuel, Deputy District Attorney Kim Smith said she believes evidence exists to prove Arroyo was the stabber. In addition to being in possession of a knife at the time of his arrest, Smith said Arroyo made a number of incriminating statements to police.
Carty also argued that because the police department handles dozens of gang cases involving assault with a deadly weapon each year, the defendants, simply by arming themselves with knives before the fight, didn’t have a reasonable expectation that someone would die.
But Ochoa sided with the prosecution. He cited a case that involved a person who drove a group of friends to a fight in which they planned to assault a person with a baseball bat. However, when the friends shot the victim, the driver, despite being surprised, was still charged with murder.
“It was reasonably foreseeable that a death might occur,” the judge said in reference to the Roldan case. “Those who aid and abet are responsible.”
After court, Carty said he would consider appealing Ochoa’s ruling, a relatively rare move prior to trial.
He said he felt the prosecution was attempting to expand the law around the various theories it’s attempting to argue, and an appellate court might be inclined to weight in.
“I’m disappointed in the ruling,” Carty said, adding that he felt the judge’s decision was “very broad.”
Smith said she felt the charges were correct from the beginning, and looks forward to try the case in front of a jury.
“I don’t agree with his analyses,” Smith said of Carty. “Two separate judges have found that there’s sufficient evidence to proceed.”
If the defendants are convicted on all charges, they could face 25 years to life in prison.
Comment on this article
: 7/22/2010
fry em
: 7/22/2010
Thanks for the explanation of the circumstances, Colby. Now lets hope the prosecution can get a just conviction for these creatures within the rule of law, if possible.
SV
: 7/22/2010
send them back to Mexico
: 7/22/2010
Another example as to why we need to aggressively deport these vermin back to their country of origin without hesitation. Let's send president Obozo back to Kenya at the same time.
Barry Hussein
JACKASSES ON A COMPUTER : 7/22/2010
LOL! Funny that nowhere in the article does it say that any of those involved were NOT legal residents or citizens and yet at least two of the comments here assume they were illegal. It's frightening what can happen when a jackass learns how to use a computer, especially when it's obvious they are uneducated and (let's make our own assumption) unemployed or uselessly retired.
Maybe they should spend time learning local history going back hundreds of years which proves how it was the anglos (or "white folks" for you too illiterate to know that term) who forced their way into this region, not latinos. The Grayhound Bus will take you boys across country to New York where you can take the next boat back to Europe where you'll apparently be happier.
Jonathan Friedman
Re: Quite Interestig Judicial Decisions and Legal Wrangling... : 7/22/2010
We as citizens need to be prudent advocates of the law, lawyers, judges, and the spirit of the people. When our society begins on a vigorous and blinded campaign to prosecute baby's and illiterate functional teenagers, little Chicanitos from Sta. Barbara, this overall legalistic acts are rooted with no constitutional bases that encroaches and violates the right to the pursuit of liberty, pursuit of happiness, and right to a fundamentally fair trial. These young American Chicanitos, and TEENAGERS happened to be in a public place with the MOST officers ever present and our District Attorneys office is prosecuting the Brother and Friends (Who All Came To Emmanuel's Justifiable Defense To Ward Off Violence.) What in the world did ALL those Officers present do? Where is SBPD investigation to who really caused this? But, pretty sharp of the SBPD, kid laying on street bleeding to death. Friends came to the aid & surrounded dying youth. Cops in the commotion and fights everywhere, can not catch anyone nor spot anyone? Hmmm...Oh there our killers around a dying body. Negligent confusion on SBPD's part and acts resulting thereof, genuine people concerned for a family member or friend, so SBPD arrest them! So, you are prosecuting those that legally had a right to defend and ward of violence if provoked and executed. Our society is in a state of a police state that does not know the difference of a crime and a defense and the district attorneys willful disregard of these young american teenagers rights have been compromised and willfully breached by said judicial bench, in order, to justify the continued racist propaganda and indiscriminately prosecuting poor mexicanos, chicanitos, or indigenous brown strong men. It is on record that the Judicial proceedings in Santa Barbara are fundamentally unfair and constitutionally questionable. The legal wrangling and the corruption to non-adherence to the spirit of the law is quite interesting on how it plays out in lovely City of Santa Barbara, California 93101, while we wait for the Federal Lawsuits to being without question because if you have CDA Lawyer Carty publicly mentioning "appealing" than you know these CDA guys never rock the legal boat, the legal boat is swaying and illegalling rocking against these young boys.
: 7/22/2010
Some of you are ignorant white folks still
writing about illegals. Many of you are children
of the poor, incestous bred, Europeans who came
over in boats. You're a snotty nosed squatter with a
gun that continues to preach hate and hurt all in
the insecure guise of white supremacy.
Sarah M
: 7/22/2010
"The stabbing punctuated " - excellent way to be completely insensitive.
to "Quite Interestig" : 7/22/2010
if you show up to a fight with a knife, chances are you're looking for blood and not "to protect". you don't arm yourself then show up to a public place and not expect to be held responsible for your actions. civilized people in this country don't solve their problems by stabbing them away. and if you're dumb enough to stab one of your own, you should be heading to jail.
Jonathan Friedman : 7/22/2010
Maybe they should spend time learning local history going back hundreds of years which proves how it was the anglos (or "white folks" for you too illiterate to know that term) who forced their way into this region, not latinos.
---
Uh, perhaps it is YOU who needs the history lesson. Who exactly converted the Chumash to Christianity?
That would be the Spanish - correct?
The Chumash also 'settled' here - that would suggest they migrated here - right?
So what is your point? Perhaps you are one of the jackasses on the computer.
Thugs : 7/22/2010
Wake up people! It makes no difference if they are illegal or not, the simple fact is that we are over-run with mexicans. No sugar coating the truth. While there are many upstanding legal brown folks in our area, our jails are full of them, almost all of the theft, vandalism, graffitti etc is from the mexicans. I'm sick of the overcrowding and uncapped population explosion of these people. The sheer numbers make this situation impossible to stop. Be ready for many more murders in the future, and it wont just be mexican on mexican either. Of course the cop-out will be to read this and call me a racist because its more convenient than facing the truth.
Realist, not racist Gary.
clue-less : 7/22/2010
".....white folks" for you too illiterate to know that term) who forced their way into this region, not latinos."
Johnathon Friedman> the grandfathers of mestizo 'Latinos' were Spanish. Please get a clue. 150 years later mestizos were most certainly used by Anglos to supplant the Californios. >'Rise and Fall of the Latinos'-Leonard Pitt. You've been hoodwinked by Bandito Studies.
really clue-less
LOL : 7/22/2010
All this hatred against white people...atleast we're not the ones stabbing each other, killing our youth because "they live on the other side of the city". When will you people realize that YOU are the problem. Yeah we took this land. We took this land like all land has been taken through out the course of history. If you don't like it, tough, that's the way it is. Now you're trying to take it back and expect us to give it to you. Too bad you never paid enough attention in school to learn what a hypocrite is, you were too busy killing each other. Now you wonder why we don't want you here.
Move 'em South!
East Side West Side : 7/22/2010
Why don't you join the Army be a man and not a fool there is someone else to think for you just like there was at school. Government equals gangs but because it done on such a large scale and backed by propaganda machine the Dems and Repubs rule the land while the youth who just want a place to fit in have fallen out. These kids are no different then a soldier in Iraq killing for oil so you can drive your SUV to work. Wake and smell the bullshit. The DA and needs something to do.
Not asleep at the wheel.
East side west side : 7/22/2010
Alseep at the wheel - you're view of the world is quite distorted. Seek help.
There are many good psychiatric hospitals in the area - time to check in.
Twisted minds say twisted things
Legal/not legal - Jonathan Friedman : 7/22/2010
Have you ever heard about "anchor-babies"? Most of the times it all starts like that...
I came from Europe a few years ago and entered US legally. Why can't others do the same??? If one can't enter another country legally maybe he/she should refrain from trying.
And I didn't choose to steal/stab/kill my "neighbors" just because they have State street separating us.
The sad thing about this cyclic problem is that probably all the parents of the gang-bangers are hard working people that indeed contribute to the community and waste themselves working everywhere they can so their (legal born americans) kids can live "the american dream"...and then they decide to enroll in a "war without a motive". Why not go overseas and fight for "your country"??? If you have a warrior within you...take the most out of that and serve "your country"!
I agree when someone says that convicted gang-bangers should be (immediately) deported to their countries, being Mexico, Ecuador, Germany or China! I would expect to be thrown away to Europe if I did something as little as steal gas or food moreover to hurt or kill somebody 'cause they dress white or black and live across my block...
Once again...I'm not a racist. Gang-bangers are no race at all!
True latino
Legal : 7/22/2010
can't deport them, they are all citizens.
but, they can all be locked up for a long time.
making sure
Just an idea : 7/22/2010
If one country can offer you citizenship... I think that under special considerations, like crimes of moral turpitude, it should be able to take that privilege back as well. Just an idea.
Locking them up only carries more problems: tax paying money being spent with nature's mistakes (call it accidents if you prefer) and more gang-banger mentality inside an (already) over-populated jail system.
TL
Fourth of July & Oxnard/Ventura Gangs : 7/23/2010
Did everyone know that on the fourth of July the gangs from Ventura and Oxnard come to Santa Barbara and take over a huge section of beach? As far as the eye can see, the part of the beach that I went to (adjacent to the cafe on the beach and the parking lot) was solid gang members and their girlfriends/wives and children. Cops everywhere. We left the beach area because it was too dangerous. Cops say it's like that every year.
Stop the Takeover
Never Again: Stop Stereotyping : 7/25/2010
There are too many ignorant white folks who still dream of the good ole days of racial separation. You stilll talk smack about stealing the land but you
forget to mention that you lost the Civil War. Welcome to the jungle where an
intelligent group comprised of an American multicultural army is waiting again
to fight you to the bitter end and to uphold justice and try to obey the law of this blood soaked land.
White racist there is a jail cell waiting for you as well.
Bigots Are Cowards
White folks : 7/26/2010
Gave their lives in the civil war. I suggest you start telling your friends and relatives to start obeying the laws of the land before you start preaching about it.
Gang bangers Vs. Racism : 7/27/2010
There's a lot of confused and limited people out there!
Wanting gang-bangers to be sent away to their families' countries (even if they were born in the US) has nothing to do with racism or racist measures whatsoever.
Or does anyone here considers "Gang-bangers" a race?
Curious thing we don't get to see Germans, Chinese, Korean, Vietnamese, Indians, Italians either committing those crimes or writing in defense of fellow buddies that do so.
What does it take to be a gang-banger? Where do you need to be born to be part of that "species"? Is there a Gang-banger nation?
El Pollo loco (not)
No Confusion Here : 7/28/2010
Whites don't call each other gang bangers your gangs are different.
Some of you are known as Gatekeepers, Glass Ceiling Managers,
Klan Members, White Power Movement, Skinheads, Racists.
You commit physical and psychological death slowly but surely.
Apartheid
VIVA La REVOLUTION- VIVA La RAZA!.. : 7/29/2010
GOLLY!..I wonder just Who it was that said something to the effect of -(Those that don't learn from the mistakes of the past,
Are destined to repeat them.) And I ever wonder why latino country's deny them from demonstrating a show of force as of Demanding the(right?) to vote and change the Laws of a country that they can care less about, by seeing how many laws that they can get away with breaking?.. Also will the Constitution of the U.S.of A. be CHANGED in order Not to discriminate against the over growing latino population? You know,The (right?) to VOTE and change American laws in order favor one group over the next.I don't know if you would call it Racist to deny the Right to Vote to the latino community based solely on their individual Immigration status huh ??.....Just a thought!...
THE GRAVEN
: 8/23/2010
.I DONT SEE ANY EASTSIDE MEMBERS ARRESTED WHATS UP WITH YOU GUYS SO CALLED COPS
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