Aguilera to be sentenced, Frausto trial date set
San Martin – One Gilroy man will learn Monday how much time he will spend behind bars for six guilty verdicts, including attempted murder, while the trial a Morgan Hill man accused of shooting another gang member could begin Monday.
Anthony Aguilera, 22, an alleged gang member, is scheduled for sentencing in Santa Clara County Superior Court Monday. In July, Aguilera was found guilty after a jury convicted him of two counts of attempted murder, two counts of assault with a deadly weapon, one charge of shooting into an occupied vehicle and one charge of reckless driving while fleeing police. Five of the charges are felonies; the reckless driving charge is a misdemeanor. Gang enhancements could add years to the time Aguilera is sentenced to serve.
Aguilera was convicted of stabbing Scott Bargar at the Extended Stay America motel in Morgan Hill on Jan. 26, 2005, and the attempted murder of Dustin Baldwin in a shooting incident Oct. 23, 2004, in the parking lot of a liquor store in Gilroy.
The trial of Anthony J. Frausto, 19, who was arrested Oct. 2, 2005 for allegedly shooting and killing Luis Bautista, 19, of Gilroy, is expected to begin Monday,
Bautista died after being shot four times behind the Safeway grocery store in the Tennant Station shopping center in Morgan Hill. Witnesses described seeing Bautista running from four or five males in their late teens or early 20s.
Deputy District Attorney Stuart Scott, who is the prosecutor in both cases, said Frausto’s trial could be delayed because of a conflict for defense attorney Andrew Tursi, but that Aguilera’s sentencing will likely go forward.
