Stabbing death was gang-related, expert testifies
Three men and three women suspected of conspiring to attack a 22-year-old Santa Barbara man who was found stabbed to death earlier this year were acting in association with the Westside gang, a gang expert with the Santa Barbara Police Department testified yesterday.
During a preliminary hearing in the homicide case, Det. Michael Brown said he believes the six defendants charged with murder, homicide, assault with a deadly weapon and gang enhancements were either members of the gang or active participants in gang activity at the time of the alleged assault.
“In my mind, this is a gang crime,” said the detective, who has been involved in gang-related investigations for approximately seven years.
“Any time a gang commits a homicide is a benefit to them and their stature in the gang world,” Brown added later. “…It really causes a lot more fear and anxiety in the community.”
Those charged in connection with the homicide are Jonathon Alonzo, 21; Liliana Arrayga, 19; Andrew Baldarez, 36; Michelle Flores-Murillo, 30; Imelda Guevarra, 30; and David Martinez, 22.
The body of the victim, Baldemar Leal, was found facedown near a sidewalk in the 400 block of De la Vina Street on February 22 with nine stab wounds in his chest, back and arm.
Authorities believe the co-defendants conspired to attack Leal in retaliation for his reported attempt to rape one of the female defendants, Guevarra.
Prosecutor Hilary Dozer, a senior deputy district attorney, asked Brown to explain what leads him to believe each defendant was involved with the Westside gang.
In reference to Baldarez, Brown cited his 1992 conviction for assault with a deadly weapon and a gang enhancement. During an interview in this case, the defendant reportedly said he was jumped out of the Westside gang several years ago, but still hangs out with gang members and doesn’t consider himself a “dropout.”
“He is clearly still associating himself with the gang,” Brown said, adding that Baldarez admitted to writing gang graffiti on a shoebox discovered in his room several months before Leal’s death.
Asked about Alonzo, the detective said the 21-year-old has admitted to being a Westside gang member with the moniker of “Solo” during prior contacts with law enforcement, even telling an officer at one point, “This is my block.”
Brown also described evidence seized in the case that included a photo of Alonzo showing the defendant displaying gang signs with his hands and wearing a shirt reading “Westside 805” while on a rollercoaster.
While acknowledging that Martinez has never admitted membership or association with the Westside, Brown said he still believes the defendant is an active associate in the gang based on prior police reports and contacts.
In 2004, officers serving an unrelated arrest warrant discovered Martinez hanging out with two known Westside gang members. In 2006, he was arrested along with known gang members for vandalism and a gang allegation, Brown said.
Martinez’ defense attorney later queried the detective about the resolution of that vandalism case, asking if he was aware that Martinez had pleaded to misdemeanor vandalism with no gang enhancement. Brown said he was not sure how the case ended.
During the Leal homicide investigation, the detective said authorities seized photos of Martinez displaying gang signs, further bolstering his belief that the defendant had been involved with the gang.
“That just shows his association with the Westside,” Brown said.
Turning his attention to the three women charged in the case, the detective acknowledged none had been involved in prior criminal conduct to his knowledge. Nonetheless, he said evidence seized in the investigation and their apparent participation in the alleged conspiracy indicates they were active participants in the gang.
Flores-Murillo had a previous dating relationship with a Westside gang member — one that defense attorneys sought to establish had taken place at least a decade ago — and apparently has a gang-related tattoo, Brown said.
“I would say she’s an active participant and associate in the Westside gang,” he said.
Photos seized from Guevarra’s residence showed known gang members, and authorities discovered a pair of sunglasses in her vehicle inscribed with “Westside.”
Finally, evidence seized in connection with Arrayga included numerous photos of her with gang members, including images of people displaying gang hand signs. Brown also noted that entries in the defendant’s cell phone had the letter “e” replaced with a “3,” a known Westside gang practice to avoid using the letter associated with its rival gang, the Eastside.
During cross-examination, the detective acknowledged that there were no witness reports of any gang slogans shouted during the assault of Leal, nor was there any evidence that Leal was involved in gang activity.
The preliminary hearing is expected to wrap up with closing arguments today, at which point Judge Frank Ochoa will determine whether enough evidence exists to hold the six defendants over for a jury trial.
Comment on this article
DUCK : 12/9/2009
YOU LOOK LIKE A DUCK, YOU WALK LIKE A DUCK, YOU QUACK LIKE A DUCK, HELL YOU MUST BE A DUCK. I BELIEVE THAT HOLDING THEM OVER FOR TRIAL WOULD NOT BE INAPPROPRIATE. THEY BEING MEMBERS OF A GANG IS EVIDENT.
F.AVILES, RETIRED DEP. L.A. COUNTY PROBATION DEPT. EAST L.A. GANG UNIT, ALSO REITRED CALIFORNIA STATE PAROLE AGENT, PRISON GANG TASK FORCE. LIFE TIME MEMBER CALIFORNIA GANG INVESTIGATORS ASSOCIATION
What are these people?? 3 year-olds?? : 12/9/2009
They use 3 to avoid using E the letter associated with its rival gang, the Eastside. These people should be exterminated from the planet.
The Northside
: 12/9/2009
Gang members are stoooopid. Dividing lines between east, west and old town Goleta, then acting out stupid machismo behavior against your own town residents, even your own ethnic group.
Indict the Entire West Side Gang : 12/9/2009
If they committed murder in association with, and behalf of, the West Side Gang then I believe that the entire gang and it’s members should all be indicted for the murder. I’m not certain but I think this approach has been used with some success to undermine the structure of some very dangerous gangs in Los Angeles and elsewhere. It seems to me that association with a known criminal entity such as a gang that condones and encourages murder and violent crime should be prosecutable in the same manner as the Manson associates were prosecuted in the 70s. Please, the City, County and all law enforcement involved in solving this problem, please indict the entire West Side gang and all of it’s members. It’s time to stop the extortion of Santa Barbara residents through violence and intimidation.
M.Miller
Completely Bigoted : 12/9/2009
There are two questions. First did a crime occur? Second the persons committing this crime acting as gang members? The cops believe, as well as do previous commentators here, that anyone who is in the presence of a person whom the cop IDs as a gang member is also a gang member. That is not the evidence presented. The evidence seems to be that a crime was committed by these people, not that it was a gang crime. As the cop testified, in his world anyone who "associates" or is in the presence of a gang member is a gang member. These racist and bigoted and incredibly simplistic comments are an appalling reminder of why groups like the KKK exist; why the Japanese were interned in the 1940's; why we are killing indigenous people in the mid-East. etc Peace by on you folks and Merry Christmas.
RHS
RHS : 12/9/2009
Well said, no wonder that the DA's office always throws out cases based on profiling in absence of facts.
Response to Completely Biggoted : 12/9/2009
I never mentioned race and specifically stated "if they committed murder in association with, and on behalf of"...so I don't get what you are talking about. Criminal gangs, whether comprised of white, black, asian or latino engage in conspiritorial criminal activities by nature of their organized associations. Regardless of race, color or gender, criminal gangs threaten law abiding citizens in our community and throughout America. If you are a member of a gang that promotes murder and violence as means of financial and/or territorial gain, the entire gang should be prosecuted for the crimes committed by it's individual members. This is not about race—although in your case, ignorance is definately part of the issue.
M.Miller
: 12/9/2009
How and why would anyone argue that this isn't gang related??? Must be someone that owns a hotel or other business that relies on out-of-town visitors. You can sweep some of the gang members under the rug some of the time, but you can't sweep all of the gang members under the rug all of the time.
bigoted? : 12/10/2009
how is it a bigoted comment? you are one clueless person. profiling is a necessary evil, but sadly because we live in a very, very liberal state and town, our cops can't prevent crimes for that one reason. then the citizens are up in arms about the high rate of gang crimes we have here. yet these are the same people who complain when a persons "rights" are violated by the police.
hey all you liberal minded folks, let the cops do their jobs, and the crime will start to slowly disappear.
Jason Marquez
KJEEsucks
: 12/10/2009
Hey, I'm liberal, and I hope the police get a grip on gang crime and prosecute the hell out of 'em all. I support law enforcement and don't believe I'm giving up my personal rights when I have to stop for drunk driving check points. Watch that stereotyping.
Another citizen for a safe Santa Barbara
To the previous poster : 12/11/2009
I'm not commenting on the story. I am, however, commenting on your writing. You are a moron and it is evident from the way you write. You have zero grasp of proper grammar. You are truly an idiot.
SB Me
KJEE Sucks : 12/12/2009
KJEE Sucks : 12/12/2009
You are exactly right. Thank you for speaking our minds. So on point...
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