Norteño gang member who killed innocent bystander at Modesto barbecue sentenced
More than 10 years after an innocent bystander was gunned down during a family barbecue in west Modesto, his killer was sentenced to 153 years to life in prison.
A jury convicted Abel Rodriguez, Jr., 37, of first-degree murder, two counts of attempted murder and a gang enhancement last March, but sentencing was delayed while he filed various motions to overturn the conviction. All of the motions were denied, according to a press release from the Stanislaus County District Attorney’s Office.
Rodriguez used a modified, fully automatic handgun “and sprayed the front yard” of a west Modesto home on Figaro Avenue where people were gathered for a Fourth of July barbecue in 2009, according to the release.
Guillermo Gomez, 26, of Modesto was killed in the shooting. Prosecutors said he was struck by gunfire three times in the back. He was described by authorities as an innocent bystander and a migrant worker who had gathered with others to celebrate the holiday.
Two other people suffered serious injuries in the shooting.
The District Attorney’s Office says Rodriquez, a Norteño gang member, targeted the home because he was erroneously told there were rival Sureños gang members there.
“He shot the wrong house where a family was celebrating Independence Day with a BBQ in their front yard,” according to the DA’s press release.
Rodriguez shot at the group from a vehicle he was driving. Pedro Alvarez was in the passenger seat, and the two led Stanislaus County sheriff’s deputies on a high-speed pursuit that ended in a crash in Turlock.
Alvarez last year pleaded guilty to aiding and abetting for the benefit of a criminal street gang and was sentenced to 13 years in prison. He was released for time already served in jail.
On Tuesday, Judge Nancy Leo followed the sentencing request of Chief Deputy District Attorney Jeff Mangar, who prosecuted the case. He requested that Rodriguez serve 75 years to life in state prison for the murder and 39 years to life for each of the other two victims. The sentence was increased due to a prior strike conviction in 2009 for assault with a firearm.
This story was originally published February 28, 2020 at 2:00 PM.
