Five to stand trial in killing; one suspect set free

By COLBY FRAZIER — Dec. 12, 2009

Citing insufficient evidence, a superior court judge yesterday ruled that a 19-year-old woman charged with murder, conspiracy and assault with a deadly weapon in connection with a fatal stabbing last February, should not stand trial.

“There is not a strong suspicion that she was involved in any of the offenses,” said Judge Frank Ochoa, whose ruling concluded the preliminary hearing into the February 22 stabbing death of Baldemar Leal.

The defendant, Liliana Arrayga, was seated in the jury box next to her attorney when the ruling was read. She let out a sigh of relief, tilted her head upward and appeared to begin praying.

“She was innocent,” said Joseph E. Gerbac, the woman’s attorney. “When I took this case I said, ‘I’m going to look good because she’s going to get off …’ She was a passenger in a car.”

Indeed, Arrayga was a passenger in a car, but the other person in the vehicle was 30-year-old Imelda Guevarra.

Prosecutors said Leal, who was 22 when he was killed, had allegedly sexually assaulted Guevarra. In an attempt to exact revenge on the man, authorities said she assembled a posse of Westside gang members to jump him.

Arrayga, prosecutors say, was with Guevarra when the plan was hatched; she was present when the posse was recruited; she was nearby when the assault occurred and she stayed with Guevarra afterwards.

The prosecutor, Senior Deputy District Attorney Hilary Dozer, said these facts, to him, made her part of the conspiracy and put her on the hook for the crime.

“I’m disappointed that the judge felt her actions in encouraging the other defendants in engaging in assaultive behavior wasn’t enough in the court’s mind to establish criminal liability,” he said.

But Dozer conceded that of the six co-defendants charged in the murder, Arrayga was the least influential player. He declined to say directly if additional charges would be brought against the woman, but acknowledged it would be difficult to do so. It’s more likely that Arrayga will end up on the witness stand if and when the cases go to trial.

The five other defendants, Jonathon Alonzo, 21; Andrew Baldarez, 36; Michelle Flores-Murillo, 30; Guevarra and David Martinez, 22, did not get so lucky.

Ochoa ordered all to stand trial on first-degree murder and conspiracy charges. The defendants have also been charged with gang enhancements.

But Ochoa did make another crucial finding. He said prosecutors failed to show that the alleged stabber, Baldarez, while he was lying in wait, intended to kill Leal. Without this evidence, prosecutors lost a special allegation levied against Baldarez, which if proven at trial, could have sent him to prison for life without a chance for parole.

Now, Dozer said the maximum punishment the man could face is 26 years to life.

The judge said Baldarez clearly had access to large knives and other more efficient weapons for killing on the night of the homicide, but didn’t take them to the fight. Instead, the defendant apparently used a small knife he often carried for protection.

Ochoa also said none of Baldarez’ statements to police about the crime — he told police officials he “snapped” during the assault and pulled out a knife he typically carries for protection — indicated he intended to kill.

On the other hand, Dozer argued that the sheer number of stab wounds — 9 — found on Leal’s body, indicated Baldarez had one intent: to kill.

The post-preliminary hearing arraignment for the remaining five defendants was set for January 11.

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Looking Good.... : 12/12/2009

Joseph E. Gerbac, the woman’s attorney. “When I took this case I said, ‘I’m going to look good because she’s going to get off …
What kind of narcissistic statement is that?

azuresees

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Punishment? : 12/12/2009

I wonder what connections the girl had or what she did? The rest don't have to worry, if anything all Ochoa will give is probation, maybe. This guy has got to go.

Recall Ochoa

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: 12/12/2009

This is exactly why the peanutheads run all over town doing whatever they want. The courts won't prosecute them. Ochoa seems to be in love with them. SB should re-write some of its tourists stuff, and start advertising what really makes it a stand-out destination: hobos defecating everywhere, peanutheads killing each other on State Street, entitlement burnouts marching around with gongs and rape whistles, and sewage all over the beaches. Who wouldn't want to visit that?

Zerelda Mimms

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Looking good is what it's all about... : 12/13/2009

I should know, my trial's the same day! do I get any publicity....F*** no.
thanks Crackdown...

Boycott boy

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unbelieveable : 12/14/2009

Gerbac..what an idiot, Im gonna look good? Egotistical retard, shes responsible and should be prosecuted, she could have saved this mans life.
i agree with the other posts, Ochoa should go and these freaking homeless idiots need to GO!!!

Retarded Judge and Lawyer

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Ochoa cares about people and justice : 12/14/2009

Come on people. Our prisons are full. These people need jobs, job training, education, opportunity, inspiration. sorry to sound like a knee jerk liberal, but on this one, I guess I am.

Liberal, tired

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Previous post ludicrous : 12/14/2009

They need inspiration and job training and education? It's Santa Barbara! These things are all around! There's ROP, City College, Pell Grants, Work Study and more. The gang life is a life decision. There are tons of good choices to be had in the Santa Barbara area. We're not some agricultural town in the middle of nowhere without colleges and opportunities, as many towns are. What gang members and those who associate with them do, it's their choice, and they've got lots of other choices. Hold them accountable and screw this "victim" mentality. "Oh, the poor gang members, they've got no other opportunities." Bull. They've got time to work on their general education requirements at City College with all that time they spend hanging out in the streets and causing trouble.

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: 12/14/2009

Oh, forgot to add, City College offers remedial courses for those not ready for the regular college courses. There's no excuse not to take advantage of it. Oh, yeah, free english (ESL) courses, too, if that's a problem.

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kinda like mexico? : 12/16/2009

Sorry, if you keep up on the news. this is similar to many streets in mexico, out of control gangs killing for money and sport. should be a quick spiral downward for Santa Barb. and the USA to reach underdeveloped nation status. Can we add more police? under homeland security? cameras on the street. maybe the million or so foreign troops training here now will help during martial law.... these are the last days of our once great Constitutional Republic. Got food, silver and lead?

Ron Paul 2 infowars.com

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