Gun Found by Children Was Not Used in Murder

A revolver found in a creek behind a Del Monte Avenue residence
last week is not the weapon used to kill Luis Santos Bautista, 19,
of Gilroy, according to Morgan Hill Police Cmdr. Joe Sampson.
Morgan Hill – A revolver found in a creek behind a Del Monte Avenue residence last week is not the weapon used to kill Luis Santos Bautista, 19, of Gilroy, according to Morgan Hill Police Cmdr. Joe Sampson.

The results from ballistics tests at the Santa Clara County Crime lab, released to police Thursday, show the Colt .38–caliber revolver was not the one that fired the bullets found during the autopsy and at the scene of the crime, Sampson said.

It is not clear if the revolver was involved in the commission of any crime, Sampson said Thursday.

“We don’t know how long it had been there,” he said. “We have nothing to link it to another crime at this time.”

Neighborhood children playing in the creek found the gun wrapped in a cloth Oct. 19 and gave it to the resident of the home in the 17500 block of Del Monte Ave. The resident then turned it over to police.

The bullet found at the scene of the homicide – behind the Safeway grocery store in Tennant Station shopping center – matches a bullet taken from Bautista’s body. Police suspect the bullets were either .38- or .357-caliber rounds, but they did not come from the gun found in the creek.

Bautista, an alleged Sureño gang member, was apparently the victim of a gang retaliation by rival gang, the Norteños, according to police and witnesses, who reported seeing several young men chasing Bautista before he was shot four times.

Anthony James Frausto, 18, of Morgan Hill is being held without bail in the Santa Clara County Jail for Bautista’s murder. Two alleged accomplices, a Caucasian male and a Hispanic male, both in their late teens to early 20s, are being sought in connection with the killing.

Sampson said MHPD detectives continue to investigate.

Marilyn Dubil covers education and law enforcement for The Times. Reach her at 779-4106 Ext. 202, or at [email protected]

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