Judge finds Rafael Casas guilty of attempted murder in ‘Good
Samaritan’ case
San Martin – A suspected Norteño gang member was found guilty Friday of the attempted murder of a Good Samaritan who intervened during a late night altercation between the defendant and his girlfriend at Rotten Robbie gas station in Gilroy.
Superior Court Judge Kenneth L. Shapero handed down the verdict at Santa Clara County Superior Court. Rafael Casas waived his right to a jury trial last month.
“This case is clearly a case that rises and falls in great degrees regarding witness credibility,” he said. “That there are inconsistencies (between witness testimony) is not necessarily indicative of fabrication … but is among the factors considered.”
Casas appeared calm when he entered the courtroom wearing a white dress shirt and black slacks. He appeared calm as Shapero explained his rational for the guilty decision.
All the witnesses had credibility issues – from the victim – 26-year-old John Sablan, admitting he had been drinking prior to the incident and that he had been involved in street fights in the past, to Casas’ ex-girlfriend. She began her testimony lying about past issues of domestic violence she had with Casas.
Neither she nor another witness present at the fight said they could remember much of the events that took place May 7, 2005 when Sablan suffered four stab wounds in the upper torso and arms. Sablan testified last month that he saw Casas pulling a woman’s hair and yelling at her when he attempted to intervene on her behalf the night of the stabbing.
Nevertheless, after sifting through the testimonies from police and witnesses in the case, Shapero found Casas to be the primary aggressor – therefore throwing out the defense’s self-defense case.
“His own words, ‘You’re f—— with the wrong Norteño. I’m going to kill you,’ ” more than support a conclusion that Mr. Casas intended to kill Mr. Sablan,” Shapero said. “The court finds beyond a reasonable doubt that the defendant is guilty of the charge.”
According to Deputy District Attorney Stuart Scott who handled the case, Casas is facing up to 20 years in prison.
Family members and friends of Casas sat together, with nearly every female wearing a red or pink shirt. Some dabbed their eyes with tissues as Shapero painted a picture of what he believed happened:
Sablan approached the altercation between Casas and his girlfriend in the parking lot of Rotten Robbie gas station on Leavesley Road. Casas turned and charged him, threatening his life. Sablan punched Casas in self-defense and during the fight, Casas stabbed Sablan four times with the intent to kill him.
Shapero also found a gang enhancement appropriate in this case, which will add 10 years to his prison sentence.
“His denying that he was a Norteño … that I’m afraid just defies credibility,” he said.
The day Casas was arrested he was wearing a red shirt with Norteño written on the back, according to court documents. He also has tattoos of a Huelga bird, a symbol adopted by the Norteño gang, and the word Norteño on his body.
Shapero did not believe Casas was the victim of an unprovoked attack during a discussion he was having with his girlfriend, as he testified May 26.
Casas was not found guilty of inflicting great bodily injury to Sablan. His wounds were not categorized as life threatening and he has recovered since the incident, Shapero explained.
He took into consideration that Casas originally lied to police, admitted to lying to avoid jail time, and denied he was a Norteño gang member.
He ultimately sided with the prosecution, citing Sablan’s testimony where he admitted having a drinking problem, “as a breath of frankness.”
As Casas’ supporters left the courtroom they called friends and told them of the verdict.
“The judge had it right,” said District Attorney Scott outside the courtroom. “We’re going to prosecute gang members who attack private citizens in public places to the fullest extent of the law.”
Defense Attorney James Leininger did not return phone calls as of press time.
Casas will be sentenced July 24.
