Lawyers for the two young men accused of carrying out a
gang-related drive-by shooting last November have filed motions for
dismissal that the judge will consider next week.
Lawyers for the two young men accused of carrying out a gang-related drive-by shooting last November have filed motions for dismissal that the judge will consider next week.
Defense attorneys for Joshua Williams, 18, and Israel Juarez, 18, appeared before Superior Court Judge Edward Lee at the San Martin Courthouse Thursday morning, but the defendants and the lead district attorney were absent, so the judge continued the matter for another week.
William’s public defender, Ralph Benitez, and Juarez’s private attorney, James Leininger, have filed dismissal motions arguing that the prosecution did not present enough evidence during the preliminary hearing. The district attorney’s office has filed its rebuttal, and Lee is expected to decide 9 a.m. Friday, according to Benitez.
Williams’ mother, Ida Williams, was the only family member in the courtroom Friday morning. Immediately after her son’s arrest, she described his experience in detail to The Dispatch but has since declined to comment because she said she could be called as a witness if Lee denies the dismissal and sets a trial, before which both sides could make additional motions and possibly strike a plea bargain. Click here to read the previous story.
All these uncertainties have put tremendous stress on Ida Williams, who has claimed police roughed her up during a search of her home last November and unfairly profiled her son. She has floated the idea of filing a civil suit against the Gilroy Police Department after her son’s legal troubles pass and has also lamented his $250,000 bail compared to those for other alleged criminals, specifically Michael Callen.
Callen, 19, posted $150,000 bail less than 24 hours after he was arrested Jan. 13 on suspicion of attempted murder for allegedly shooting a Watsonville man in a gang-related incident last December, according to police. Online inmate records with the Santa Cruz County Sheriff’s Department showed he remains out of custody as of Friday.
Callen’s apparent eagerness to get out of jail caused some to wonder because authorities would have released Callen anyway since the Santa Cruz County District Attorney’s Office did not file charges within the required time frame after his arrest. State law requires that an arrestee see a judge within 48 hours of his or her arrest, excluding holidays, Sundays and arrests made after 5 p.m. Friday. The DA generally has about three years to press charges when it comes to a felony, and Santa Cruz County Assistant District Attorney Christina McGuire is leading the case. She did not return messages Friday seeking an update.
In a similar situation in Santa Clara County, the district attorney’s office has yet to charge two Hollister suspects who police arrested Dec. 13 for allegedly shooting up a party in northwest Gilroy and then leading officers on a dangerous high-speed chase that reached speeds of up to 120 mph.
Santa Clara County District Attorney Spokesperson Amy Cornell said officials are still investigating the case.
