There was an exchange of gunfire between two groups when Modestan David Cruz was shot and killed over the weekend in the Shackelford neighborhood, Modesto police said Tuesday.
Cruz, 21, was with Adam Botello, 31, of Keyes near Santa Fe and El Paso avenues Saturday night when they became involved in a confrontation with at least two other people.
During the confrontation, Cruz was fatally shot. Botello later was located and arrested on suspicion of murder. Police said the shooting was between rival gangs.
Modesto police said Botello is not believed to be the one who shot Cruz, but he was arrested under the felony murder rule, which holds liable anyone participating in a felony during which someone is killed.
A criminal complaint filed against Botello on Tuesday charged him with murder and enhancements of participating in the Norteño street gang and discharging a firearm.
Modesto police spokeswoman Heather Graves confirmed that Botello is suspected of firing at least one shot in an exchange of gunfire.
Police have not identified anyone from the group that fired the shots that killed Cruz.
Botello appeared briefly in court Tuesday afternoon; his arraignment was continued so his attorney could check for potential conflicts in defending him. He did not enter a plea.
Botello will return to court Jan. 24 at 8:30 a.m. in Department 7.
Anyone with information about the shooting can call Crime Stoppers at (209) 521-4636. Tipsters can text CRIMES (274637) by typing “TIP704” plus a message. Tipsters can remain anonymous and are eligible for a cash reward.