Murder preliminary hearing set in botched Modesto home invasion robbery

05/29/2014 8:57 AM

05/29/2014 8:58 AM

A judge has scheduled a preliminary hearing to start Dec. 9 for three defendants accused of murder in the shooting of a 22 year-old man during a botched home invasion robbery in south Modesto.

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

Andrade was killed in late November at a home in the 2300 block of Park Faith Lane, a few blocks north of West Whitmore Avenue. Andrade was from Greenfield, south of Salinas, but had relatives at the home.

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 would-be intruders never got inside the home. Detectives found drugs at the home, but police wouldn’t say what kind or the quantity.

Along with the murder charge, the defendants are charged with attempted robbery.

Only Rojelio Vivero is charged with an enhancement alleging he fired a gun while committing the murder and the attempted robbery, according to a filed criminal 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. The judge also scheduled the defendants to return to court Aug. 1 for a pretrial hearing.

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