Second trial scheduled for 6 defendants in Modesto killing

A judge on Friday scheduled a second trial to begin next year for six defendants accused of murder in the 2013 shooting and stabbing of Erick Gomez in north Modesto.

The first trial ended in late January, when the jury could not reach a unanimous verdict for any of the defendants. Testimony and arguments in the first trial went on for three months before the hung jury forced the judge to declare a mistrial.

The prosecution says Gomez, 20, was targeted by vengeful Sureño gang members hunting down rival Norteño gang members Feb. 14, 2013.

The defense says Gomez was shot by a gunman who remains a fugitive and stabbed by a co-defendant who became a key prosecution witness, so their clients should not be held responsible for his death.

The murder trial was held in a former federal bankruptcy courtroom in downtown Modesto to allow more space for the increased number of defendants, attorneys and bailiffs. A one-year lease for the courtroom, adjacent office space and a jury deliberation room cost the court about $130,000. The Stanislaus County Sheriff’s Department assigned additional deputies to provide security at the courtroom at 12th and L streets.

Superior Court Judge Thomas Zeff said Friday afternoon that the former bankruptcy courtroom will be used again for the second trial, which he scheduled to begin Feb. 29. He also scheduled the defendants to return to court June 16 for a pretrial. The defendants remain in custody at the county jail.

Nine people have been indicted in connection with Gomez’s death: Giovani Barocio, Nancy Rodriguez, Jeanette Robles, Elida Carranza, Jenna Sebourn, Dalia Mendoza, Lisandro Mendoza, Jesse James Sebourn and Michael Terrill Sebourn.

Barocio, the suspected gunman, remains a fugitive. Dalia Mendoza is being prosecuted separately. She has agreed to a plea deal with prosecutors in exchange for her testimony against her co-defendants.

Robles’ mental competency has come into question, so she also will be prosecuted separately. She remains in custody and is set to be transferred to a state mental health facility. Her case remains suspended.

This story was originally published May 8, 2015 at 4:24 PM with the headline "Second trial scheduled for 6 defendants in Modesto killing."