Judge: Alleged Ontario gang member must stand trial for Upland killing

RANCHO CUCAMONGA -- An alleged Ontario gang member must stand trial for murder for the killing of an alleged gangster who was gunned down in Upland, a judge ruled this afternoon in West Valley Superior Court.

In about three hours of testimony during a preliminary hearing today, prosecutors laid out the evidence connecting 21-year-old Daniel Vera to the Jan. 13 killing of Manuel Vega, 29.

Authorities believe the killing in the 300 block of South Stillman Avenue was a gang hit -- the victim and defendant were both members of the Onterio Varrio Sur street gang, according to testimony.

Vera's defense attorney, Joe Borges, implied in his cross-examination of witnesses today that he believes Vera was misidentified as the shooter.

The key piece of evidence prosecutors believe connects Vera to the killing is a large gang tattoo on the back of his neck.

Shortly before the 6 p.m. shooting, one of Vega's neighbor saw Vega outdoors in front of the apartment building where his mother lives. Vera was nearby.

The neighbor, Frank Mizysak, testified that he believed Vega had gang ties because he had tattoos. And among the people who would visit Vega on the block were people who Mizysak said appeared to be gang members.

Vera was one of Vega's frequent visitors, Mizysak said. Mizysak said that during Vera's visits, he saw the large gang tattoo on the back his neck.

On the day of the shooting, Vera's gang tattoo wasn't visible because he was wearing a dark-colored hooded sweatshirt that covered his neck, Mizysak testified.

But Mizysak recognized him as the man with the tattoo, he testified. Mizysak said that when he saw Vera, the alleged shooter stared at him in an apparent attempt to intimidate him, Mizysak believed.

"I could see at that point that something wasn't right," Mizysak said.

Shortly after Mizysak's encounter, gunshots rang out on the street, witnesses recalled today.

Vega's mother, Sylvia Salazar, battled tears as she recalled hearing the gunshots and rushing to the aid of her son.

"I got on my knees, and I started screaming for somebody to help me," Salazar said.

Salazar said her son lived in Fontana, but he would visit her apartment in Upland every day.

Before he was shot on a nearby sidewalk, Vega said he was going to smoke a cigarette and left the apartment, Salazar testified.

She said that after the shooting, she saw a person in the area wearing a dark hooded sweatshirt and blue plaid shorts.

Mizysak's 14-year-old daughter also testified today that after she heard five gunshots, she saw a man in the area wearing a black hooded sweatshirt and blue plaid shots.

Vera was identified as the suspected shooter after an Ontario gang expert told Upland detectives that Vera had a tattoo on his neck matching the witness's description.

Ontario police officer Gabe Gutierrez testified that Vera has several gang tattoos identifying him as a "Black Angel," the highest tier of the three-tiered Onterio Varrio Sur.

Gutierrez said that as a gang officer in the city, he has had numerous contacts with Vera, and at one point Vera confirmed to the officer that he had achieved "Black Angel" status in the gang.

When officers served a search warrant on Vera's house in the 900 block of South Bon View Avenue, they found a handgun, ammunition, and clothing matching witnesses' descriptions, said Upland police detective Lawrence Latimer.

Borges, in his cross examination of Latimer, implied that the clothing found at Vera's home is common gang apparel, and its presence is not strong evidence that Vera was the shooter.

After hearing today's testimony, Judge Michael Libutti held Vera to answer on charges of murder and street terrorism.

With additional allegations added to the two counts, Vera faces a maximum prison term of 60 years to life if convicted of all charges, said Deputy District Attorney Carlo DiCesare.

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