Gilroy
– Three convicted burglars are scheduled to be sentenced today
for their roles in a $125,000 jewelry heist at the Zales outlet in
January, but a fourth defendant, Antonio Neely, is a free man.
Gilroy – Three convicted burglars are scheduled to be sentenced today for their roles in a $125,000 jewelry heist at the Zales outlet in January, but a fourth defendant, Antonio Neely, is a free man.
Superior Court Judge Kevin Murphy dismissed a gang-enhanced burglary charge against Neely at Deputy District Attorney Tom Farris’ request on Monday, the day Neely’s retrial in San Jose was set to start.
Neely has since left the Santa Clara County jail. Police have said the 36-year-old Los Angeles resident belongs to a street gang related to the Bloods.
A conviction in this case would have been Neely’s third strike.
On July 18, a jury failed to decide whether Neely had a hand in the burglary, in which Los Angeles gang members drove to Gilroy and robbed the jewelry outlet. Jurors split 7-5 in favor of acquittal, while at the same time agreeing unanimously to convict getaway car driver Victoria Jefferson, 28.
Farris said he had insufficient evidence to retry Neely, according to Neely’s court-appointed private lawyer, Louis Doyle of San Martin. Nevertheless, Doyle did not dispute that Neely’s fingerprints and backpack were found in the getaway car and that the car was rented in Neely’s wife’s name.
“I think that he had obviously come into contact with the car at one point, but he simply wasn’t involved,” Doyle said. “He didn’t come up in the car to Gilroy. It was really excellent police work that showed he wasn’t there. Somebody else was.”
Doyle said the evidence included “eyewitness identifications that were inconsistent with Neely’s appearance.”
Neither Farris nor Gilroy police detective John Marfia, who led the investigation, could be reached for comment.
Jefferson is scheduled for sentencing today, along with Willie Cross and Benny Harris, who pleaded no contest on June 18 to burglary for the benefit of a criminal street gang. All are from Los Angeles. Police have said Neely and Harris are from the same gang, while Cross belongs to a different one, also Blood-related.
Early on the morning of Jan. 8, Gilroy police responded to Zales and saw a gray Pontiac speed away. As they gave chase, Cpl. Jimmy Callahan crashed his patrol car into a tree on Arroyo Circle, suffering minor injuries and totaling the cruiser.
The Pontiac raced out of town on Pacheco Pass Highway, reaching 100 mph. Jefferson let four males out near Lovers Lane and drove on, police said. A four-hour manhunt turned up Cross, 37.
California Highway Patrol officers arrested Jefferson after bursting the getaway car’s tires with a spike strip at the Interstate 5 intersection near Los Banos. They found the stolen jewelry in the trunk.
Neely and Harris, 40, were arrested in Los Angeles a few weeks later. Harris’ face was identifiable on a Zales videotape, according to police and prosecutors.
More burglars may still be at large. Police have said they saw four men on the video and in the getaway car, though only two have been convicted.
