Man shot dead on Turlock property had been in trouble with law

mrowland@modbee.comJuly 25, 2013 

MR Tur Homicide 2

A Turlock homeowner apparently shot and killed an intruder outside his home on Dianne Drive in Turlock,Ca. Tuesday morning (07-23-13). Police say the homeowner has been cooperative. The field where the body was found is pictured. The people involved with the shooting live in the two houses behind the field. However, the field is the property of the neighbors on the other side.

MARIJKE ROWLAND — Modesto Bee Buy Photo

TURLOCK — The man shot dead Tuesday morning while apparently trespassing on private property was convicted of theft in March and had been arrested in early July on suspicion of burglary, police said Thursday.

Brandon Pacheco, a 25-year-old Turlock resident, was officially identified as the man who was killed by a resident in a field in the 1100 block of Dianne Drive.

Family members earlier this week had identified Pacheco as the shooting victim and have been public about their desire to have his shooter prosecuted.

Turlock resident Robin Boyer, 58, told police he shot Pacheco in the head after he discovered him stealing possessions from his property shortly before 8 a.m. Tuesday. He said he had seen Pacheco trespassing on his property on "several previous occasions" and got into an altercation with him before opening fire with a shotgun.

Pacheco's body was found on the edge of a nearby sweet potato field that belongs to one of Boyer's neighbors.

Pacheco, who attended Hilmar High school and has family who live in the area, worked on and off for his father's construction firm. His sister, Linzey Pacheco, said while he has been in trouble with the law in the past, his acts did not warrant a death sentence.

"I am not sure what he was doing there, I know he likes to ride his dirt bike," she said. "But my brother was obviously running because the guy shot him and he wasn't on his property. All I want is for (the man who shot him) to know what he did was wrong."

Turlock Police officer Mayra Lewis confirmed that Brandon Pacheco had run-ins with the department in the past. According to the Turlock Police log, Pacheco was arrested March 11 after officers said they found him with a stolen catalytic converter in the southwest part of town not far from Cunningham Elementary School. Methamphetamine also was found in his vehicle at that time, police said.

His sister said he pled guilty in May to the theft charge and was sent to a deferment program for drug treatment.

On July 1, Lewis said Pacheco was arrested again by Turlock Police on suspicion of burglary of a commercial property. That case was pending in Stanislaus County Superior Court.

Linzey Pacheco said her brother was still in the treatment program and had been to a class the night before he was shot.

"He was going to classes, getting that stuff taken care of," she said. "I spoke with him that morning and then he left on his dirt bike. I want my brother back, but I can't have him back. I hope that man gets charged with something. "

Turlock detectives are handing over their case files to the Stanislaus County District Attorney, who will decide whether to press charges. Chief Deputy District Attorney Alan Cassidy said the investigation remains open and they are waiting for the department to finish its reports, which is not expected for at least a couple of days.

"We have received some reports, but it's certainly far from complete," Cassidy said. "When we will make our determination depends on what information is provided to us. As an ongoing investigation we will not have anything more to say until it is complete."

Linzey Pacheco said her family has not been interviewed by the Turlock police or DA's office. Police have said Boyer was cooperating with the investigation.

The Bee made contact with occupants of his residence, who declined to comment on the case.

Lewis said the shooting is the first homicide in Turlock for 2013.

Bee staff writer Marijke Rowland can be reached at mrowland@modbee.com or (209) 578-2284. Follow her on www.twitter.com/turlocknow.

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