GILROY
– The shooting of a Gilroy man Sunday – reportedly because he
and his friends didn’t speak English – could conceivably be
prosecuted as a hate crime, according to a Santa Clara County
deputy district attorney.
GILROY – The shooting of a Gilroy man Sunday – reportedly because he and his friends didn’t speak English – could conceivably be prosecuted as a hate crime, according to a Santa Clara County deputy district attorney.
Nevertheless, that would be hard to prove in court, said Deputy District Attorney Frank Carruba.
It would be especially hard, he said, if prosecutors also allege that Leon Martinez, 22, of Salinas, fired the shots for the benefit of a criminal street gang. A gang enhancement on a violent felony charge can add 10 years to the defendant’s prison sentence, according to the state Penal Code. A hate crime can add up to three years.
Police said Monday they suspected Martinez may belong to a gang of Norteños, U.S.-born Hispanics who oppose Sureños, or Mexican nationals. Martinez was wearing red, the Norteños’ color of choice, at the time of the shooting, according to police.
Neighbors said the men who were shot are not involved with any gang and had never seen Martinez before.
“That really lends itself more to the gang enhancement than the hate crime enhancement,” Carruba said. “However, it is possible that the person could have a dual motivation.”
Police arrested Martinez on suspicion of attempted murder after a short vehicle chase and a house-to-house search Sunday. The shooting took place at an apartment complex on Forest Street, near Leavesley Road.
Witnesses said Martinez drove a sport utility vehicle into the complex’s parking lot, where three men were standing around talking. He asked them a question in English – directions, according to police – but the men didn’t understand and asked if he spoke Spanish.
Martinez responded by drawing a gun and firing four shots at the men, according to witnesses and police. Two of the bullets hit 22-year-old Abelino Hernandez, one in the side and one in the thigh.
Hernandez survived, and a CALSTAR helicopter flew him to a San Jose trauma center. This hospital did not list him on its registry, however, and his condition was unavailable.
Martinez is in county jail, scheduled for arraignment Wednesday in Superior Court in San Martin.
To prove that the shooting was a hate crime, Carruba said a prosecutor would probably need more information.
“In order to prove the commission of a hate crime, … you have to prove that he did it because of that,” Carruba said. “It’s a real gray area.”
