Crime

Fourth suspect arrested in 2011 homicide at Modesto taco truck

Gunshot fatality

A fourth suspect in a 2011 Modesto homicide was arrested Sunday as two of his co-defendants prepare for a preliminary hearing on the case next month.

Abel Rodriguez Jr., 46, was arrested on suspicion of murder and conspiracy in the shooting death of 22-year-old Samuel Gallardo at a taco truck in front of El Paraiso bar on Crows Landing Road on Nov. 26, 2011.

Stanislaus County sheriff’s detectives had obtained a warrant for his arrest, and Rodriguez was located Sunday when he came into contact with a law enforcement officer in Los Banos on an unrelated matter, according to Sgt. Luke Schwartz. The officer checked to see if Rodriguez had warrants and learned he was wanted for murder.

Schwartz said Rodriguez is a resident of Idaho. He didn’t know if detectives previously knew Rodriguez was living in Idaho, how long he’d been wanted or what he was doing back in California. Booking records indicate Rodriguez was born in Los Banos.

Rodriguez was brought to the Stanislaus County jail on Monday and booked on suspicion of murder and conspiracy. He is being held without bail.

Shot while out on a date

Authorities say Gallardo was on a date with his girlfriend and another couple the night he was killed.

The couples had just sat down at one of the picnic benches at the taco truck when a car full of men pulled into the parking lot, according to Bee archives. At least four men got out of the car and began fighting with Gallardo. Within minutes, he was shot. The suspects got back into the vehicle and drove away.

Authorities have said the attack appears to have been gang-related. Detectives released sketches of two of the suspects, but years passed with no arrests in the case.

Then in the summer of 2017, detectives arrested two men and identified two others who were wanted. One of the first two suspects arrested was never charged in the case and released. The other, Jorge Delatorre, was charged with murder and in 2018 pleaded to a lesser charge.

According to court records, Delatorre pleaded no contest to assault likely to produce great bodily injury and participating in a criminal street gang. The murder charge was dismissed and Delatorre was released from jail on his own recognizance. Since then, his sentencing has been postponed multiple times and is currently scheduled for June 9, when a preliminary hearing starts for two of his co-defendants.

Those co-defendants, Tony Aurelio Gutierrez Macias and Tomas Solario, were arrested in 2020 and 2021, respectively.

The purpose of a preliminary hearing is to determine if there is enough evidence for a case to go to trial.

It is unclear whether the hearing could be postponed with the arrest of Rodriguez. He has not yet been formally charged.

Anyone with information on this case is asked to contact Deputy Jesse Tovar at 209-525-7080.

This story was originally published May 10, 2022 at 3:29 PM.

Erin Tracy
The Modesto Bee
Erin Tracy covers criminal justice and breaking news. She began working at the Modesto Bee in 2010 and previously worked at papers in Woodland and Eureka. She is a graduate of Humboldt State University.
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