July 2010 Archives

Second Long Beach teen convicted in revenge murder of 16-year-old boy

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LONG BEACH -- The second guilty verdict in as many days was delivered Wednesday in the case of two local youths charged with the revenge killing of a 16-year-old Long Beach boy.
Jason Benites was found guilty on all counts and all special allegations were found to be true in the January 2008, slaying of Florentino Rivera and the attempted murders and assaults of five other people.
Though Benites was only 15 at the time of the crimes he was tried as an adult and now faces the possibility of a life behind bars without parole when sentenced on Aug. 13.
The charges against Benites and his co-defendant, Jason Trejo, included one count of first degree murder, four counts of attempted murder and a count of assault with a deadly weapon causing great bodily injury.
They were also charged with -- and convicted of -- a number of enhancements, including the shootings were carried out for the benefit of their gang and the personal use of a firearm in some of the crimes.
Trejo was found guilty on Tuesday. His sentencing is scheduled for Sept. 10.
The fast turnaround for Benites' sentencing is due to Benites' refusal to waive time so that he can file an appeal as soon as possible, court staff said.
Benites and Trejo were both charged in the deadly rampage after Benites' 13-year-old brother, Jose Cano, was shot and killed by gang rivals.
A total of eight people were tried and convicted for Cano's killing, including the alleged stabber, Heriberto Garcia, and the mother of one of Cano's gang rivals, Eva Daley.
Daley drove her son, then 14, and six of his fellow gang members to the 14th Street Park in June of 2007 to carry out the hit on Cano because Cano had stabbed Daley's son six months earlier and Cano had disrespected Daley at her home on Pine Avenue.
Daley's son and five other youths admitted the petition to be true, the equivalent of a guilty plea, to a lesser charge in juvenile court.
Daley and Garcia, who was 15 years old at the time of the murder, were tried in adult court and convicted in October of 2008 of second degree murder. Both were sentenced to 15 years to life in prison.
Those convictions, however, did nothing to to sate Benites' desire for revenge, Deputy District Attorney Patrick Frey told jurors at the start of Benites' and Trejo' case on July 8.
Benites was so distraught by his brother's murder that he gave up his gang name and adopted his brother's gang moniker before embarking on the shooting spree, the prosecutor said.
While gang rivals were often their targets, Rivera -- who was gunned down on Jan.6, 2008 -- was not a gang member, Frey said.
"The West Side Longos beat up Trejo and Benites because (Rivera) was innocent," Frey said. "He hung out with gangsters, but he wasn't an enemy."
The 16-year-old victim was riding a scooter and talking with a gang rival of Benites and Trejo when Benites and Trejo opened fire near the corner of 15th Street and Cedar Avenue, the DA said.
Witnesses, including the surviving victim and target in the attack, testified Rivera ran as the shots rang out while clutching his chest and throwing up blood.
The 16-year-old was pronounced dead at the scene.

Long Beach trial begins Wednesday in case of man charged with stabbing 7-year-old to death

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LONG BEACH -- Opening statements and witness testimony began Wednesday in the case of a 31-year-old Long Beach man accused of slashing his girlfriend's 7-year-old son to death.
Peniamina Tomasi is charged with murder and attempted murder for the Jan. 8 attack that killed 7-year-old Felix Sandoval and that left Sandoval's mother with multiple slash wounds.
The defendant was arrested after Long Beach police responded to an apartment complex in the 500 block of East Pleasant Street following reports of an injured woman screaming, "He's killing my son."
The bleeding and near-hysterical woman directed police to a man standing in the doorway of a nearby apartment, but the suspect closed the door and locked it before officers could get inside.
Officers eventually forced their way in and found Tomasi and the 7-year-old boy, who had been stabbed repeatedly. The child was pronounced dead shortly after arriving at a local emergency room, police said.
Police said Tomasi and his 27-year-old girlfriend lived in the apartment with Felix and seven other children, ranging in age from 4 months to 10 years old.
The couple each have three children of their own and two young girls together, neighbors said.
Tomasi has pleaded not guilty to the charge and has been held in lieu of $2 million bail.
If convicted on all counts, Tomasi faces the possibility of life in prison without parole.

Long Beach drunk drivers, traffic offenders arrested and cited in grant-funded patrol operation

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Patrol officers were dispatched to scour the city last Friday for drunk drivers, and found several traffic offenders, authorities said Tuesday.
The specialized patrol operation ran from 6 p.m. Friday night until 2 a.m. Sunday morning and included the entire city. During the eight -hour operation, 8 additional police officers paid for by grants patrolled the city looking for impaired drivers. During the operation, the following arrest and citations were issued. 

(5) - DUI Arrests
(1) - Felony Arrest
(6) - Unlicensed driver traffic citations issued
(3) - Suspended license traffic citations issued
(5) - Vehicles Impounded
(67) - Miscellaneous traffic citations issued

"DUI Saturation Patrols are a vital component in the fight against impaired drivers. The average American has a 30-percent chance of being injured or killed by an impaired driver," said Officer Israel Ramirez, a Long Beach Police Department spokesman.
"Nationally, impaired driving caused by alcohol or drugs results in one death every 30 minutes, and one injury every two minutes. Saturation patrols have been proven to reduce impaired driving related collisions by removing these drivers from our streets." Ramirez said.

Funding for the operation was provided by a grant from the California Office of Traffic Safety, through the National Highway Safety Administration.
"When more people drive sober and safely, lives are saved. It's just that simple," said Christopher J. Murphy, Director of the Office of Traffic safety. "This grant will help make Long Beach just that much safer of a place to work and live."

Long Beach DUI checkpoint to be held this weekend

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The Long Beach Police Department will conduct a DUI/drivers license checkpoint from 6 p.m. to 2 a.m. this Saturday through Sunday.

The checkpoint will be in the South Division, which includes Downtown Long Beach. It is designed to get drunk drivers and those driving without licenses, or on suspended licenses, off the street while educating the public about the dangers of impaired driving, Officer Israel Ramirez said.

"All too often, members of our community are senselessly injured or killed on local roadways by impaired drivers" Ramirez said. "This DUI/driver license checkpoint is an effort to reduce those tragedies, ensure drivers have a valid driver's license, and also to increase awareness of the dangers of impaired driving and encourage sober designated drivers."

Funding for Saturday's operation is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

In addition to the checkpoint, the police department is urging motorists who spot drunk drivers to call 911 immediately.

Long Beach jury finds teen guilty in revenge slaying

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LONG BEACH -- Guilty on all counts was the verdict handed down Tuesday for one of two Long Beach teens charged with the revenge killing of a 16-year-old Long Beach youth.
Two juries, one for each defendant, simultaneously sat through more than two weeks of testimony in the case of Eric Benites and Jason Trejo, two alleged gang members charged with the killing of Florentino Rivera in January of 2008 and the attempted murders and assaults of five others.
Closing arguments began Monday afternoon for Trejo's jury and by Tuesday afternoon they had delivered a verdict of guilty on all counts, paving the way for a possible life sentence without parole for the youth, who was 14 when the crimes occurred.
Benites' jury is expected to begin its deliberations Wednesday.
The case has been a difficult one, with about as much time spent in side bars and arguments among the attorneys as time dedicated to witness testimony.
As a result, the case dragged on a week longer than the court's initial expectations, leading several jurors to warn the court at the end of last week that they may have to leave for scheduled vacations this week, an issue that could still put the Benites case in jeopardy of a mistrial if not enough alternates remain.
Both juries faced a tough job of weighing many days of testimony -- much of it hostile -- and evidence from both the prosecution and the defense.
Deputy District Attorney Patrick Frey charged the pair went on a shooting spree from December of 2007 through January of 2008 after Benites' 13-year-old brother, Jose Cano, was killed by rival gang members.
A number of witnesses called by the prosecution identified the pair as being involved in all of the alleged shootings, including at least two witnesses who testified the defendants' gang had threatened them and their families.
Those revelations led to a massive investigation by the Long Beach Police Department and the arrests five people for witness intimidation, four of whom have been charged and are awaiting trial.
Issues of possible intimidation were raised by jurors as well, with two jurors on Trejo's case saying he and Benites had been starting threateningly at them -- or mad-dogging them -- throughout the trial.
The defense argued then that they should be dismissed from the jury. The prosecution pointed out that if that were to happen it would set a precedent of allowing countless jurors out of tough cases if they believed they were being intimidated.
Long Beach Superior Court Judge J.D. Lord ultimately decided to retain the jurors who raised the issue after asking them if they could continue on the panel and remain unbiased, with the pair agreeing they could.
During witness testimony and in their closing arguments, the defense -- Anthony Garcia and Nancy Sperber -- sought to destroy the credibility of the prosecution's witnesses -- many of whom are admitted gang members or former gang members or are affiliated with local gangs -- painting a picture of the accused teens as victims framed by their rivals and bitter enemies.
The defendants were being foolish kids when they took credit for crimes they didn't commit while bragging to police about several of the shootings, Garcia said.
The defense lawyers also called their own roster of witnesses to some of the shootings who gave differing accounts of what happened from the versions testified to by prosecution witnesses and police.
That including one woman who said she saw two men with guns at one of the shootings, but insisted the gunmen were black. The victim in that case was black, but Benites and Trejo are both Hispanic.
The jury in Trejo's case did not seem swayed by the defense's case, finding the teen guilty within a few hours of starting deliberations and delivering their verdict shortly before 5 p.m. at the Long Beach Superior Court.
Jurors in Benites' case are scheduled to begin their deliberations Wednesday morning.

SWAT drills at Port of Long Beach Wednesday

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If you were in the area of Downtown Long Beach and the Port of Long Beach Wednesday you probably noticed some unusual police activity.
A caravan of unmarked and marked police vehicles accompanied by Long Beach Fire Department paramedics and a helicopter drove back and forth across the Magnolia xx bridge, between the area near the port's headquarters and Ocean Boulevard, throughout late morning and early afternoon.
The processional was part of a drill for the LBPD's SWAT unit, officials said.
The drill was expected to last one day only.

Long Beach residents arrested for witness intimidation in gang murder case, police pledge to pursue more cases

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The Long Beach Police Department continued to take a hard line against threats of witness intimidation Thursday with the arrests of five people who allegedly threatened to kill witnesses and their families in a high-profile gang murder case.
Jurors in the case of Eric Benites and Jason Trejo, two local teens accused of killing a 16-year-old Long Beach youth in 2008 and trying to kill three others, have heard from two witnesses that they were the victims of intimidation and threats from the defendants' gang when word spread that they had talked to police.
One witness was threatened at the courthouse during a lunch break by a relative of Benites' on the first day of trial last week.
The other witness testified this week that she was threatened after the preliminary hearing and before the trial. She also admitted she lied on the stand about being relocated by police because she didn't want the defendants' and their fellow gang members to know she was moving.
The current murder case -- which is still in trial -- is by no means the only incident in which intimidation has threatened to derail investigations and prosecutions, police said Thursday.
"It's not a one time incident," Police Chief Jim McDonnell said. "There's a lot going on behind the scenes."
McDonnell said Long Beach is much like any urban city struggling with gang issues. Though recent reports of intimidation in court cases have been in the public spotlight lately the problem has always been there when dealing with gang crimes.
"I think you have a couple of cases here that are good examples of why the gang culture has proliferated the way it has," the chief said. "The strength of gangs is due to their ability to intimidate citizens ... only by the intimidation factor can they continue to do what they want without regard for safety or lives."
One such recent case that shed light on the problem includes another high profile murder case of two other two gang members -- Tom Love Vinson and Daivion Davis -- charged with the shooting death a 16-year-old Wilson High honor student Melody Ross.
It was during Vinson's and Davis' preliminary hearing when police moved quickly to arrest two girls, one 16 and the other 17, after the girls threatened the prime witness in Ross's murder while inside the courthouse and later at school.
The suspects in that case were not identified because they are minors, though one is a relative of one of the defendants. They both pleaded guilty in juvenile court last May to the charge and were sentenced to 30 days house arrest and to remain on probation until they are 21.
They also will have a felony strike on their records that will remain after they turn 18, according to court authorities.
The police chief and members of his force vowed then to deal aggressively with any issues of intimidation, a message police officials issued again Thursday with the arrests of the five suspects tied to intimidation of witnesses in the Benites and Trejo case.
Those arrested are:
Efren Flores, 19, Long Beach
Jose Garcia, 19, Long Beach
Jorge Gomez, 32, Long Beach
Jesus Perez, 21, Long Beach
and Bernardo Villareal, 19, Long Beach.
Flores has also been charged with a 2009 murder and attempted murder -- also allegedly committed for the benefit of his gang but not related to the Benites and Trejo case -- Cox said.
All five people were involved in more than one instance of intimidation, Cox said.
Cox said detectives in his detail began working the intimidation case after witnesses testified in Benites' and Trejo's trial last week and this week about incidents that have left them fearing for their lives and the lives of their families.
The lieutenant said his investigators launched the investigations after court hours and worked late into the evening to put the case together.
The detail takes the threats seriously because it can destroy a case, Cox said.
"You have to have people who are able to go up on the stand and who are willing to tell the truth," Cox said. "You won't have that if people are being intimidated and if it's allowed to happen. That's why we will always aggressively go after anyone, and we have gone after people, for witness intimidation."
A big part of that pledge to go after those who seek to intimidate witnesses entails the police department's efforts to expand its technical capabilities, including the installation of CCTV cameras in some of the city's "hottest spots," for crimes, the chief noted.
"Because you can't intimidate a camera," he said.
In addition, the department is looking at better ways to use the Internet to tap into computers across the city, both public and private, to gain a better awareness of what criminal elements are up to, and may be planning, and investigators are looking at video evidence tied to many modern day crimes, McDonnell said.
Despite the recent arrests, however, the issue of gangs and crime in Long Beach is improving, the chief said.
While Los Angeles Mayor Antonio Villaraigosa announced that city's eighth straight year of crime reductions Thursday, Chief McDonnell said Long Beach is also showing vast improvements, including a 9.9 percent drop in overall crime for the first half of 2010.
Violent crime dropped 7 percent in that same time frame and property crime fell by 8.9 percent, the chief said.
While homicides were up four percent last year, this year has seen a 25 percent decrease, McDonnell added.
"All in all, we're looking surprisingly good considering all of the issues we're dealing with due to the economy," McDonnell said.
The chief added that residents can expect to see more actions like the warrants served Thursday.
And though some authorities in the city shied from publicizing sensitive witness intimidation cases in the past, most notably in the Bixby Halloween beating case, McDonnell said under his guidance the police department will not only pursue such crimes but will be open about it.
"I don't know how it was handled before, but I feel it's better that we be transparent, it is what it is, and we be aggressive about dealing with it," the chief said. "This was a good operation this morning and there are a lot more to come."

Long Beach child beating death to go to trial

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A Long Beach couple was ordered to stand trial Wednesday in the beating death of a two-year-old boy.
Authorities have charged 26-year-old Hector Ernest Jr. with murder for the slaying of his girlfriend's son, Deandre Fitzgerald Green.
Also charged is the dead toddler's mother, 22-year-old Cameo Green, who stands accused of child abuse.
The pair were arrested after they took the unconscious child to Long Beach Memorial Medical Center on March 20. Though emergency room staff worked on the two-year-old for 45 minutes, he was pronounced dead less than an hour after arriving at the hospital.
Ernest is charged with one count each of murder, assault on a child causing death and child abuse.
Green is charged with one count of child abuse. The complaint further alleges she failed to protect her son, resulting in his death, according to court documents.
If convicted on all counts, Green faces a maximum state prison term of 10 years and Ernest faces 25 years to life, authorities said.
A preliminary hearing was held Wednesday in which a judge found there was sufficient evidence to hold both Green and Ernest to answer, according to court staff.
The couple are scheduled to return to the Long Beach Superior Court on July 27 for arraignment.

Jury selection begins in Long Beach masonic temple slayings

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Jury selection began Monday for a Long Beach teen and a Bellflower man indicted in 2008 on murder charges in connection with a shooting at a massive birthday party that saw hundreds of youths sprayed with gunfire.
Long Beach resident Izac McCloud was the alleged gunman in the January 2008 attack at the Lakewood Masonic Hall - 5918 E. Parkcrest St. in Long Beach. Though only 16 at the time, McCloud has been charged as an adult and faces a possible life sentence without parole if convicted on all counts.
McCloud's alleged accomplice, Bellflower resident Jonzel Stringer, then 19, also faces the possibility of life in prison if convicted on all counts.
The Los Angeles County Grand Jury indictment charging both suspects was handed down on Aug. 26, 2008, but not released until September of that year.
The indictment was expected to speed the trial process in the high-profile murder case, which saw the killings of 15-year-old Breon Taylor, a sophomore at Redondo Union High School, and 17-year-old Dennis Moses, a senior at Jordan High School in Long Beach.
Taylor and Moses were among a crowd of about 400 youths who attended a birthday party for a pair of twin brothers from Long Beach at the Lakewood Masonic Center. Word of the party was posted on a Web site, attracting kids from throughout the region. The facility holds only about 100 people, so the party was closed when a capacity crowd was reached, authorities said.
Still, the massive crowds proved to be a problem as fights broke out at the site, then gunfire erupted from what turned out to be a 9 mm semi-automatic handgun. Taylor and Moses - a school mate of McCloud's - were killed and at least one other youth, a 17-year-old boy from Paramount, was injured by gunfire.
Friends of McCloud told the Press-Telegram at the time of his arrest that the shooter was so distraught when he learned his former Jordan classmate was killed that he became suicidal. He and Stringer are each charged with two counts of special circumstance murder and 60 counts of attempted first-degree murder. Because McCloud was a minor when the murders occurred, he is not eligible for the death penalty, the district attorney said.

About the Blogger

Tracy Manzer covers crime and court news for the Long Beach Press-Telegram.

E-mail Tracy at tracy.manzer@
presstelegram.com
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