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Local - Crime and Courts

Monday, Mar. 11, 2013

Nine indicted on murder charges tied to Modesto attack


etracy@modbee.com
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-- Nine people were indicted by a grand jury for murder when the document was unsealed in Stanislaus Superior Court Monday, while charges against one defendant were dropped.

Five woman and four men face charges of murder and conspiracy to commit murder for their alleged role in the Feb. 14 stabbing and shooting death of 20-year-old Erick Gomez in Modesto.

Court documents indicate that the Vera Cruz Drive attack on was motivated by ongoing violence between rival Sureño and Norteño street gangs.

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Nancy Rodriguez, Jeanette Robles, Elida Carranza, Jenna Cheyenne Sebourn, Dalia Mendoza, Lisandro Mendoza, Jesse James Sebourn, Michael Terrill Sebourn and Giovani Barocio also were indicted on enhancements of committing the murder for the benefit of the Sureño street gang and using a firearm, which can add time to a sentence.

Barocio, the suspected gunman, remains at large.

The indictment will supersede charges previously filed in a criminal complaint.

One defendant previously charged, Danny Leon Copeland, learned Monday that he was not indicted and that all charges against him would be dropped.

"Prosecutors have an ethical obligation to present grand jurors with evidence that is admissible in a jury trial," Deputy District Attorney Tom Brennan said in an e-mail. "The evidence against Copeland came primarily from his crime partners who advised law enforcement of Copeland's involvement. When the non-accomplice witnesses failed to identify Copeland to the grand jury, we determined including Copeland on the indictment was not proper."

The charges against him were dismissed without prejudice, meaning the district attorney's office has the right to file charges related to the crime again if additional evidence surfaces.

Judge Thomas Zeff agreed to a request by Deputy District Attorney Marlisa Ferreira, who appeared on Brennan's behalf Monday, to seal the grand jury transcripts, at least until the defense attorneys have had the opportunity to review them.

The defense attorneys asked that an arraignment on the indictment be postponed so they could have time to read the transcripts.

The defendants will return to court for an arraignment March 27 at 8:30 a.m.

Bee staff writer Erin Tracy can be reached at etracy@modbee.com or (209)578-2366. Follow her on Twitter, @ModestoBeeCrime.