Trial begins for man accused in deadly 2004 Montclair drive-by
Nearly five years after a deadly drive-by shooting in Montclair, the man accused of carrying out the crime has been brought to trial.
Jose Laguna, 23, is accused of shooting and killing 20-year-old David Velez and injuring two other men on June 19, 2004 in the 9500 block of Helena Avenue.
In his opening statement Thursday afternoon, Deputy District Attorney Mike Dowd explained in detail to the West Valley Superior Court jury the evidence against Laguna he believes will lead to a conviction.
Shortly after midnight on the day of the shooting, Helena Avenue residents saw a black Jeep Cherokee kill its headlights before driving down the street.
Six gunshots were fired from the car toward a group of people was standing around in a driveway in front of one of the homes.
Velez was killed, one man was shot in the leg, and another man's leg was grazed by a bullet, Dowd said.
As the Jeep drove away, witnesses told police they saw the driver holding a handgun in his right hand as he steered with his left.
Two days later, Laguna was arrested by Claremont police following a high-speed chase in the city, Dowd said.
The car he was driving, owned by his mother, matched witnesses' descriptions of the car used in the drive-by shooting.
Police found a revolver in the car -- with six spend bullet casings in the cylinder, Dowd said.
Ballistics tests matched the revolver to the bullets recovered at the drive-by shooting. Laguna's DNA was found on the revolver's handle, and gunshot residue was found inside the Jeep, Dowd said.
"The defendant did a drive-by, he killed one person, and he nearly killed two others," Dowd told the jury.
James Brown, Laguna's defense attorney, deferred his opening statement. He has the option to make an opening statement after the prosecutor presents all of his evidence, Judge Steve Malone said.
Brown declined to comment on the case after the hearing. The trial is scheduled to resume Tuesday.
Laguna faces charges of first-degree murder and two counts of attempted murder. All three counts include sentencing enhancements because Laguna allegedly used a gun.
He faces a total prison sentence of 110 years to life if convicted on all counts, Dowd said.
When asked what he believed motivated Laguna's alleged killing, Dowd described the incident as "just your typical gang drive-by." He declined to elaborate.
Laguna's case has taken nearly five years to come to trial because he has switched attorneys multiple times, even representing himself at one point. Each attorney change delayed the case, Dowd said.
Leave a comment