Although the trial of four young adults arrested for the 2008
murder of an 18-year-old was scheduled to begin this week, it has
again been postponed.
Although the trial of four young adults arrested for the 2008 murder of an 18-year-old was scheduled to begin this week, it has again been postponed.
While one defense attorney is wrapped up with a separate murder case and another newly appointed defense attorney familiarizes herself with the details of the case, their clients, charged with the murder of Larry Martinez, have been sitting in their respective jail cells for more than a year. On Nov. 11, 2008, Martinez was shot and killed by a rival gang in broad daylight near Sixth and Church streets, just blocks from the Gilroy Police Department, according to police. Alleged Sureño gang member Cristian Jimenez was charged with Martinez’s death.
What’s unusual about the case is the decision by District Attorney Dolores Carr to invoke a rarely-used rule – the provocative act murder theory – to charge two of Martinez’s friends and his cousin for contributing to his death for the benefit of a criminal street gang.
Robert Barrios, 21, Heather Ashford, 19, and Angel Solorzano, 20, did not intend to kill Martinez, their attorneys said. But even though they didn’t fire the gun that killed their friend and cousin, the three will stand trial for conspiracy and murder charges for contributing to Martinez’s death during a clash with a rival gang, prosecutors said. Police said Martinez, Solorzano and Barrios were Norteño gang members during the preliminary hearing, though their families disputed this.
In addition to the murder charge, Jimenez, 22, also faces a felony gun possession charge, according to court documents.
If convicted, the defendants face life sentences. They were arrested more than a year ago, on June 8.
About half an hour before the shooting, Jimenez and two other Sureños who are still at large – Edgardo Centeno, 20, and an unnamed juvenile – threw a rock at the car Martinez and Solorzano rode in while Ashford drove, according to police. After a brief discussion, Ashford, Martinez and Solorzano picked up Barrios and returned to confront the Sureños, police said. Armed with a small wooden bat, Martinez and his friends snuck up on the Sureños from behind, provoking the rival gang members to turn and shoot, prosecutors said.
The four co-defendants’ trial is set for 1:30 p.m. Nov. 11 in Department 24 of the Hall of Justice in San Jose, where it will be assigned out to another courtroom.
