Charges likely to be dropped for two others charged in vandalism
case
San Martin – Two of the four teens charged with vandalizing Antonio Del Buono Elementary School last summer, pleaded no contest Thursday afternoon at Santa Clara County Superior Court. Charges for the others will likely be dropped, according to defense attorneys.
Gilroy residents Jorden Matthew Newton, 19, Christian Javier, 18, David Sanchez, 18, and Morgan Hill resident Jacob Cortes, 18, were arrested on suspicion of vandalizing the school Aug. 4, 2005, but saw their charges reduced to vandalism in a plea deal.
Police believe the suspects broke into the school and set off fire extinguishers in the hallways and restrooms, causing hundreds of dollars worth of damage.
Both Newton and Sanchez could face up to one year in county jail as well as financial penalties and 200 hours of community service.
Cortes and Javier were not required to be present Thursday, though both will return for sentencing so formal charges can be dropped.
All four teens were originally charged with possession of stolen property – a felony, and vandalism and petty theft – misdemeanors. Newton faced an additional felony count for vandalism.
However, after plea bargaining with the District Attorney’s office the two teens saw their charges reduced to vandalism.
“We have given this great deal of consideration … Gilroy Unified School District is in agreement with the offer being made,” said Deputy District Attorney Frank Carruba. “They would prefer they serve community service at Antonio Del Buono.”
According to court documents, a digital camera containing photographs of the four suspects inside the school was found inside the suspects car, as well as a fire extinguisher from the school. Footprints were found linking one of the suspects to the crime.
Court records linked Newton to a previous break-in at the school March 26.
Review of an audiotape recorded while the suspects were in custody showed Newton admitting to a prior act of vandalism, which police linked to the March incident at Del Buono. He is heard admitting to making entry through a roof access and vandalizing the interior of the school.
Both teens – wearing dress pants and shirts – stood beside each other while Superior Court Judge Hugh F. Mullin III reviewed their case.
Newton pleaded guilty to vandalism charges, Sanchez pleaded no contest.
“Taking responsibility for yourself is the first step towards correcting a mistake,” said Del Buono principal Tammy Gabel.
She was pleased to hear the teens were not fighting the charges.
“I would like them to help clean up the school, to help the custodians maybe plant some flowers or plants.”
Last year, the school suffered a second vandalism incident where benches were marked with graffiti as well as the natural stone walls around the school. The graffiti cannot be washed or scraped off so the natural stone wall must be painted, something Gabel lamented. She estimated the total damages from both incidents as more than $2,000.
“It’s never going to be the way it was,” she said. “And there’s nothing we can do about that.”
The teens will be back in court March 27.
