Suspects in south Modesto shooting could face death penalty

11/26/2013 6:17 PM

11/26/2013 9:53 PM

Three men accused of murder in a south Modesto shooting over the weekend appeared in court Tuesday afternoon for the first time since their arrest.

Authorities say Rojelio Vivero, 36; Aureliano Vivero, 19; and Pablo Mora, 21, are responsible for the shooting death of Emmanuel Andrade.

The case is eligible for the death penalty, but the Stanislaus County District Attorney’s Office has not decided whether to prosecute the defendants with capital murder charges.

Police have said the three defendants tried to force their way inside the south Modesto home, and one of them shot through a door and fatally wounded Andrade. Police chased three suspects into west Modesto, where they eventually were captured.

The defendants’ arraignment Tuesday was postponed until Dec. 10 because their attorneys need more time to review the case before their clients enter a plea.

Along with the murder charge, the three defendants are charged with attempted robbery, according to a criminal complaint filed Tuesday in Stanislaus County Superior Court.

Only Rojelio Vivero is charged with an enhancement alleging he fired a gun while committing the murder and the attempted robbery, according to the complaint. Aureliano Vivero and Mora are charged with an enhancement alleging they were armed with a gun while the crimes were committed. Mora is additionally charged with a felony count of evading a police officer.

The defendants remain in custody at the Stanislaus County jail where they were being held without bail.

Andrade was killed about 9:10 a.m. Saturday at the home in the 2300 block of Park Faith Lane, a few blocks north of West Whitmore Avenue. Andrade, 22, was from Greenfield, south of Salinas, but had relatives at the home.

Police said the would-be intruders never got inside the home. Detectives found drugs at the home, but police wouldn’t say what kind or the quantity. The charges filed against the defendants did not involve narcotics.

A family member called 911 and described the suspects’ vehicle, a black BMW. Officers spotted a BMW about a mile away on Crows Landing Road, and the pursuit ensued.

The police chase went north on Crows Landing Road, then continued on Seventh Street before heading west on Sierra Drive. The pursuit ended when the BMW crashed on Sutter Avenue south of Rouse Avenue.

Three men ran from the car, but police quickly captured Rojelio and Aureliano Vivero. Police said Mora tried to hide in a home in the 1300 block of Figaro Avenue, but a resident called 911.

The caller and two other people in the home got out unharmed as officers surrounded the house and evacuated neighbors. Mora eventually surrendered to police.

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