District Attorney asserts crime was gang related
Hollister – Two Hollister teens charged with the July murder of an 18-year-old classmate following what police believe was a gang-related altercation pleaded not guilty Monday during a brief arraignment hearing at the San Benito County Superior Courthouse.
Gonzalo Munguia, 18, and Emilio Roman, 17, were both arraigned on murder charges in connection with their involvement in the July 10 murder of fellow Pinnacles Community School student Daniel Gallegos. Munguia, who appeared somber in black and white striped prison garb, answered a series of questions from San Benito County Superior Court Judge Steven Sanders before his court-appointed attorney, Joseph Landreth, entered a plea of not guilty. Munguia is charged with first-degree murder and a special allegation of participation in a criminal street gang, which makes him eligible for the death penalty under California law.
Roman, who was identified Monday for the first time, will be tried as an adult on charges of second-degree murder, torture and special allegations of participation in a criminal street gang. Roman’s attorney, San Benito County Public Defender Greg LaForge, entered a plea of not guilty on his client’s behalf.
Munguia and Roman are alleged to have run Gallegos over with a car more than once following what police believe was a gang-related fight.
LaForge insisted that his client was innocent during an interview following Monday’s court appearance.
“My client wasn’t even in the car at the time and, in fact, he was almost run over himself,” LaForge said. “He’s a good kid.”
LaForge said that he was considering filing a motion for a gag-order that would keep those involved from speaking publicly about the case. He also said he would consider a change of venue motion that could have the trial moved out of San Benito County.
“It appears from past articles in the Free Lance that the police and the district attorney’s office are poisoning any potential jury pool and appear to be advocating for a change of venue by allowing such false and misleading statements regarding this case,” he said. “Due to such statements, we may file a motion requesting a gag order. In this justice system you are innocent until proven guilty. Our client is innocent and the real evidence will show that when it comes out at trial.”
LaForge said Roman, who faces life in prison if convicted, was a student at San Andreas Continuation School and knew the victim from school and previous skirmishes.
Landreth, a Salinas attorney who has handled eight capital murder cases, was appointed by the court to represent Munguia moments after meeting the 18-year-old defendant for the first time Monday morning.
“I was just called in this morning,” he said, declining further comment on the case until he had a chance to review it.
Both Munguia and Roman will appear in court again Sept. 20. They are being held at the San Benito County Jail without bail.
During Monday’s arraignment hearing, neither defendant looked at the other. Both teens talked briefly with their attorneys, kept their eyes on the judge and answered simple yes or no questions.
Sarsfield said Monday that he had not decided if he would seek the death penalty for Munguia. The victim’s mother, Katherine Lara, previously told the Free Lance that she hoped everyone involved in the death of her son would face the maximum allowable punishment under the law.
Sarsfield declined to discuss the facts of the case.
“Every case we charge we believe is strong,” he said Monday.
Sarsfield said he chose to try Roman as an adult after reviewing the facts and circumstances of the case.
“We thought it was more appropriate to handle this as an adult matter,” he said. “But I’m not even going to get into the facts of the case at this point.”
Gallegos, 18, and his 16-year-old brother, had been walking in the 200 block of Hillcrest Street in Hollister shortly before midnight July 10 when Munguia and Roman allegedly drove up behind them in a late-model Ford sedan. Police believe the two suspects got out of the car and walked toward Gallegos and his brother. Roman was allegedly wielding a beer bottle and Munguia a crowbar, police said. A fight broke out between the four teens, police said. Later, the two suspects got back in the car and ran over Gallegos, possibly more than once, according to police.
Munguia was driving the car when Gallegos was run over, according to Sarsfield.
Both Munguia and Roman are documented members of the Sureño criminal street gang, according to police.
