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Shooting trial may bring life sentence
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More from Local NewsJesus Pena, an alleged Oxnard gang member, is facing up to life in prison if convicted of shooting two people earlier this year.
During a preliminary hearing Friday, Ventura County Superior Court Judge Alan Steele ruled that there is sufficient evidence to hold the 26-year-old Pena for trial.
The judge set the next court date for Aug. 24.
The two victims, Rudy Ramirez and Sal Rivera, were shot after walking out of a residence during a party in the 1800 block of Guava Street in Oxnard in the early morning hours of Jan. 7.
Ramirez was shot multiple times.
"It is about as serious as it gets without somebody being dead," said prosecutor Kasey Sirody.
Pena, who is in custody under a $1.7 million bail, is facing up to life in prison if convicted.
Sirody said in an interview that Pena, who is a convicted felon, is charged with two counts of attempted murder and using a weapon in the commission of a crime.
In addition, he is accused of committing the crimes for the benefit of and in association with Southside Chiques, a violent criminal street gang.
Pena's lawyer, Kevin DeNoce, argued at the hearing that neither victim could initially identify who shot them. Seventeen days later, he said, Ramirez's girlfriend told police she knew who the triggerman might be, based on the suspect's physical description, the truck the suspect was driving and the clothing he wore.
Oxnard police Detective Paul Knapp testified in court that he wasn't able to interview Ramirez until Jan. 24 because the victim was in the hospital "unconscious and seriously injured."
According to Knapp, another man, Lorenzo Garcia, told police that the shooter confronted him, Ramirez and Rivera and asked, "Where you from?" In gang lingo, that question refers to which gang or barrio a person is claiming.
Knapp said Garcia replied, "We're not from nowhere" and then a triggerman, who was standing behind a wall of a residence, began firing.
Garcia, who was unhurt, said Rivera was limping from being shot in the buttocks, and Ramirez was wounded and on the ground.
Sirody said in an interview that Ramirez's girlfriend, who wasn't a witness to the shooting, later told police that she believed that a gang member with a moniker of "Scrappy" was the shooter.
A police investigation indicated that Pena was known as "Scrappy."
Police put together a photo lineup that included an image of Pena, and an "extremely emotional" Ramirez identified him as the gunman, Knapp testified.
Ramirez had powder burns on his body, indicating that he was shot at a close range.
Posted by ilianacarlos on August 13, 2007 at 10:32 a.m. (Suggest removal)
HOW CAN YOU REMEMBER 17 DAYS LATER ABOUT WHAT A PERSON IS WEARING IF YOU WEREN'T THERE? I ALSO THOUGHT A PERSON IS INNOCENT UNTIL PROVEN GUILTY.
Posted by flores805 on August 13, 2007 at 3:25 p.m. (Suggest removal)
Southside Chiques, he is guilty for being part of that gang period!
Posted by ilianacarlos on August 13, 2007 at 4:49 p.m. (Suggest removal)
I STILL THINK HE'S INNOCENT UNTIL PROVEN GUILTY!
WHO ARE WE TO JUDGE. THE VICTIM'S THEMSELVES COULDN'T IDENTIFY THE SHOOTER. THEY HAVE TO GET THERE STORIES STRAIGHT AND NOT TAKE 17 DAYS LATER TO COME UP WITH SOMETHING! JUST GIVE IT UP!
Posted by breannaz909 on August 13, 2007 at 5:35 p.m. (Suggest removal)
SO JUST BECAUSE HE'S FROM SOUTHSIDE CHIQUES DOESN'T PROVE ANYTHING LIKE CARLOSILIANA SAYS INNOCENT UNTIL PROVEN GUILTY IN THE COURT OF LAW!!! PERIOD!!!
Posted by nancy_4ever on August 13, 2007 at 11:35 p.m. (Suggest removal)
YEP! Just because you're German doesn't make you a Nazi. Innocent until proven guilty.
Posted by ilianacarlos on August 14, 2007 at 11:10 a.m. (Suggest removal)
WHY INTERVIEW RAMIREZ'S GIRLFRIEND IF SHE WASN'T A WITNESS! WHERE WAS SHE AT THAT TIME? HOW DOES SHE KNOW WHAT KIND OF CAR WAS INVOLVED? DID SHE GET THE DESCRIPTION OF THE CAR? NO, I DON'T THINK SO! GET YOUR STORY STRAIGHT. IT JUST DOESN'T MAKE SENSE TO ME.
INNOCENT UNTIL PROVEN GUILTY!!!
Posted by gayala70 on August 14, 2007 at 4:22 p.m. (Suggest removal)
Ramirez is the victim and identified him from a line up.
Posted by ilianacarlos on August 14, 2007 at 4:45 p.m. (Suggest removal)
IF YOU READ CAREFULLY AND PAY ATTENTION TO THE WORDING OF THIS, PENA'S LAWYER ARGUED AT THE HEARING THAT NEITHER VICTIM COULDN'T IDENTIFY THE SHOOTER. NOW RAMIREZ WAS IN THE HOSPITAL FOR WHAT THE STORY SAYS, AND WAS UNCONSCIOUSLY SO HOW CAN HE REMEMBER.
Posted by livelylines on August 15, 2007 at 2:14 p.m. (Suggest removal)
just because "someone" is unconscious doesn't mean that they will not remember what happend to them..
Posted by AnnaWhaat on August 16, 2007 at 4:08 p.m. (Suggest removal)
What gets me is that they put the girlfriends name in the article. So now she is facing retaliation! No WONDER people are afraid to speak up! Because they put thier name in the paper for others to see ! Its NOT RIGHT !!!!!!!!!!!
Posted by InGodWeTrust on August 18, 2007 at 6:39 p.m. (Suggest removal)
Pena is innocent! Pena has the biggest heart a person could have and a great personality! He will be missed soooooooooo much! GOOD LUCK JESUS, OUR PRAYERS TO YOU MY FRIEND!!
Posted by ilianacarlos on August 23, 2007 at 9:36 a.m. (Suggest removal)
HE IS INNOCENT!!!!!!!!!!!!
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