Modesto murder trial focuses on suspected gunman, prosecution witness

A defense attorney on Thursday told a jury that the killing of Erick Gomez had nothing to do with two rival Modesto gangs. He argued that the gunman was seeking to regain his manhood after a woman, a fellow gang member, challenged him in front of others.

Investigators suspect Giovani Barocio fired the gun that killed Gomez in an attack on Vera Cruz Drive nearly two years ago. But Barocio remains a fugitive, and those accused of being his accomplices in the attack on Gomez are on trial charged with murder.

Defense attorney Del Bohner argued that the shooting’s motive began with Dalia Mendoza confronting Barocio at a park several hours before Gomez was attacked. Mendoza was upset that Barocio had sex with her 13-year-old friend and failed to call her back, Bohner said.

Bohner told the jury that the 5-foot-3-inch Barocio, known to carry a gun, was angry that a woman almost as tall as him would challenge him in front of his friends. The defense attorney said Barocio was so angry that he went to the liquor store and bought beer for everyone, except for Mendoza.

Barocio was so angry at Mendoza that he challenged a black man at the liquor store, using racial slurs, Bohner argued.

When Barocio later spotted her fighting with Gomez, virtually on her own, the gunman had to outdo the woman who had challenged him that day, according to Bohner. So Barocio pulled out his gun and shot Gomez, the attorney said.

Barocio shot Gomez, Bohner said, because the fugitive is a racist, homicidal misogynist “with small-man syndrome.”

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

Only six defendants are on trial charged with murder in Gomez’s death. 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.

Bohner is Rodriguez’s attorney. He argued that Rodriguez is likely guilty of assaulting Gomez, but that she didn’t kill him, know Barocio would shoot him or participate in any conspiracy to hunt down rival Norteño gang members.

Authorities say Gomez, a Norteño, was attacked by a group of Sureño gang members and associates looking to retaliate after two of the defendants defaced graffiti memorializing two slain gang members and were beaten by Norteños earlier that day.

Gomez, 20, was stabbed and shot several times Feb. 14, 2013, in the 2400 block of Vera Cruz Drive, east of Coffee Road in north Modesto. There’s been no indication he was involved in the earlier assault on Sureños.

The defense has said the prosecution’s witnesses gave conflicting testimony, and it’s still unclear what exactly happened when Gomez was attacked and who was there. The defense attorneys told the jury they should toss out all of Dalia Mendoza’s testimony because she has admitted to lying to police several times, even when her plea deal required her to tell the truth.

Matthew Yeoman, Carranza’s attorney, cautioned the jurors about Dalia Mendoza’s testimony, calling her a biased witness angry at her co-defendants. He argued that her lies to police were very detailed, and that she admitted to lying “to cover her own ass.”

The defense attorney said his client wasn’t there when Gomez was attacked. Yeoman argued that Carranza was with Jesse Sebourn and Lisandro Mendoza in a green Honda spotted several blocks away a few minutes before the gunfire was first reported.

“She was just a passenger,” Yeoman said about Carranza. “She thought they were going tagging.”

Closing arguments are expected to continue Friday, but the jury could start deliberations by Friday afternoon in Stanislaus Superior Court. The trial is being held in a former federal bankruptcy courtroom in downtown Modesto to allow more space for the increased number of defendants, attorneys and bailiffs.

This story was originally published January 8, 2015 at 6:00 PM with the headline "Modesto murder trial focuses on suspected gunman, prosecution witness."