DA may try for 3rd time to charge passenger with murder in fatal Modesto high-speed crash
Prosecutors may try for a third time to bring murder charges against the passenger in a car whose driver crashed and killed two bystanders in Modesto in 2019 while leading officers on a high-speed pursuit that reached approximately 100 mph and included the passenger shooting at two police officers.
The fleeing car crashed into the outdoor seating area of the Tacos Vallarta food truck at 14th and D streets around 2 a.m. June 15, 2019, killing Melchor Leyva Fong and Pedro Gil.
Three days later, prosecutors charged the driver and passenger with murder in the men’s deaths. Stanislaus County Superior Court Judge Nancy Leo dismissed the murder charges against the passenger, Rodney Quiros, but not against the driver, Antonio Gazo, at the conclusion of their preliminary hearing in May 2023.
Prosecutors then refiled murder charges against Quiros, and his attorney filed a motion asking a judge to dismiss the charges. Superior Court Judge Dawna Reeves granted the motion last week.
Authorities allege Quiros shot at two Modesto officers during the pursuit. Quiros is charged with four counts of attempted murder of a peace officer with premeditation, which carry lifetime prison sentences. So why continue to pursue murder charges against him?
“We believe it’s in the interest of justice ...,” Stanislaus County Senior Deputy District Attorney Wendell Emerson said. “... He was assisting the driver evade capture, and we believe under the law, he was responsible for the two people who were killed.”
Prosecutors consider appeal
Emerson said prosecutors are considering appealing Reeves’ decision to California’s 5th District Court of Appeal. It could take the court several months to issue a decision if prosecutors pursue an appeal.
Quiros’s attorney —Amy Kennedy with the alternate defenders office — did not respond to a phone message seeking comment. But in asking Reeves to dismiss the murder charges, she cited Leo’s ruling that Quiros was not responsible for the driver’s actions and his life was in as much danger as anyone else’s, according to court records.
Quiros, 29, also is charged with being a felon in possession of a firearm and the enhancement of firing a gun.
Gazo, 27, also is charged with four counts of attempted murder of a peace officer with premeditation (though prosecutors do not allege he fired a gun), being a felon in possession of a firearm, hit-and-run driving causing death, evading a peace officer that resulted in death and the unauthorized use of someone else’s car.
Both men are in the Public Safety Center. Their next court appearance is April 4 for a case management conference.
Emerson said this case has taken time to resolve because of the pandemic and having several attorneys represent the two defendants. He said each new attorney has to get up to speed on a case he called complex and with lots of evidence.
County settles wrongful death lawsuit
Leyva Fong and Gil were both 31 years old and each man had four children. Family and friends have described them as devoted fathers and spouses and good men.
Their families filed a wrongful death lawsuit in 2020 against Modesto and Stanislaus County. The Sheriff’s Department assisted in the pursuit. The pursuit started after an officer tried to stop a reportedly stolen white Toyota sedan. Police say the Toyota failed to yield and the pursuit began.
The lawsuit was dismissed last year, with Stanislaus County settling it for $423,000, according to court records. Modesto did not pay anything.
“The plaintiffs (the two men’s families) voluntarily agreed to dismiss the City of Modesto, the Department, and its police officers. The officers were properly trained on vehicle pursuits, followed their training, and did not cause the unfortunate deaths ...,” according to a statement from the city.
Paul Caputo, one of the attorneys who represented the families, has alleged that a so-called stop stick deployed by a sheriff’s deputy deflated the Corolla’s front driver side tire and contributed to the driver losing control and crashing.
The county did not provide a copy of the settlement. But attorney Jaime Leanos, who also represented the two men’s families, said the county did not admit to wrongdoing in settling the lawsuit.
Gil’s wife could not be reached for comment, and Leyva Fong’s longtime partner and mother of his children declined to comment, according to a family member.
“Unfortunately, the kids lost their fathers, and the women lost their spouses,” Leanos said. “Money won’t change anything. It’s devastating. But it can help them make a fresh start. It could help them move forward.”
This story was originally published February 21, 2024 at 6:00 AM.
