Possible plea deals for 2 of 6 murder defendants in suspected Modesto gang-related attack
There’s still a chance attorneys could agree to plea deals for two of six defendants accused of murder in the 2013 shooting and stabbing of Erick Gomez in north Modesto.
Deputy District Attorney Marlisa Ferreira on Tuesday told the judge the prosecution was in discussions about a plea deal with one defendant and possibly a second. She said there were no such discussions with attorneys representing the other four defendants.
All six defendants are scheduled for a second trial next year. Testimony and arguments in the first trial went on for three months until late January, when the jurors told the judge they could not reach a unanimous verdict for any of the defendants.
The prosecution says Gomez, 20, was targeted by vengeful Sureño gang members hunting down rival Norteño gang members on 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.
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.
On Tuesday afternoon, Stanislaus Superior Court Judge Thomas Zeff scheduled Carranza and Jenna Sebourn to return to court July 28 for further settlement discussions. The other defendants were scheduled to return to court Sept. 15 for a pretrial hearing. All the defendants remain in custody at the county jail.
The second trial is scheduled to begin Feb. 29. It will be held in a former federal bankruptcy courtroom, like the first trial.
The bankruptcy courtroom in downtown Modesto was used 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.
Rosalio Ahumada: (209) 578-2394, @ModBeeCourts
This story was originally published June 20, 2015 at 12:20 PM with the headline "Possible plea deals for 2 of 6 murder defendants in suspected Modesto gang-related attack."