Pair in Modesto park shooting convicted of murder

A jury on Wednesday convicted two men accused of murder in the 2004 drive-by shooting death of 17-year-old Ernestina "Tina" DeJesus Tizoc, who became the unintended target of gangland warfare while at a park in Modesto's airport neighborhood.

Edgar Barajas, 23, of Modesto and Jesus Rodriguez, 22, of Patterson were found guilty of murder, committing the crime for a street gang, conspiracy to commit murder, using a gun and participating in a criminal street gang.

Manuela Ramirez, Tina's mother, said it's been a long seven years waiting for the prosecution of everyone responsible for her daughter's death.

"It was worth the wait," Ramirez said in Spanish outside the Stanislaus County courtroom after the verdict was read. "Finally, my daughter is getting some justice."

The jury of four women and eight men went into deliberations shortly before noon Friday, but they were delayed for another four days. The jury resumed deliberations Wednesday morning and returned with a verdict about 11:15 a.m.

Relatives of the defendants have been in the courtroom throughout the trial, but they declined to comment. Barajas and Rodriguez waved goodbye to family and friends as deputies escorted them out of the courtroom.

Barajas and Rodriguez are scheduled to be sentenced June 8. They face a minimum sentence of 50 years to life in prison and a maximum of 100 years to life, said Deputy District Attorney Tom Brennan.

The district attorney's office prosecuted Barajas and Rodriguez as adults, though they were minors at the time of the shooting.

Brennan said he believes Barajas and Rodriguez, like many other teenagers, chose the gang lifestyle that led them to violence and prison.

"I feel zero remorse for Mr. Barajas and Mr. Rodriguez, because of the choices they made," Brennan said. "You had a 17-year-old girl with her whole life ahead of her. It is a sad reality that people are getting killed for the color of shirt they're wearing."

Tina became the victim of the gang retaliation, authorities said, because she wore a maroon blouse that appeared red, the color worn by Norteños. The junior at Johansen High School was not a gang member, a gang expert testified. She was sitting on a bench at Oregon Park when she was shot at about 5:45 p.m. May 26, 2004.

Brennan said the shooter, Barajas, and driver, Rodriguez, sought retaliation against rival Norteño gang members who had broken the windows in their white Chevrolet Blazer the night before. The gang expert testified the defendants are Sureños.

While Tina's mother said she feels a sense of relief the trial is over, the agony of losing her daughter still is painful.

"I feel sorry for (the defendants') families. But they can still see their kids (in prison)," Ramirez said. "I'll never get to see my daughter again."

Witnesses told authorities the gunfire came from a white Blazer filled with teenage boys who wore blue, shouted Sureño gang slogans and flashed gang signs with their hands as they circled the park. Blue is the color worn by Sureños.

Brennan said a .22-caliber rifle was used to fire 15 shots from the Blazer.

Tina was hit in the heart by a bullet as she sat under a park gazebo with friends.

Robert Winston, Rodriguez's defense attorney, said he was surprised the jury returned a verdict after only a few hours of deliberations and three weeks of testimony.

"They made their decision very rapidly," Winston said. "I feel bad; I really do. My personal feeling was that (Barajas and Rodriguez) were not the killers; that they did not fire the fatal bullet."

Winston argued in court someone fired a gun at the Blazer, hitting Tina accidentally and killing her. He also argued shots were fired first from the park, and the boys in the Blazer fired the rifle in self-defense.

He said the verdict eliminates the possibility of a new investigation to find the "real shooter" who killed Tina.

Witnesses for the prosecution, including one of the passengers in the Blazer, testified no shots were fired from the park.

Mario Garcia, 24, of Modesto was one of five teenage boys inside the Blazer. He testified they were looking for revenge after a series of escalating attacks by Norteños. Garcia testified against his buddies as part of a plea deal that helped him avoid murder charges. Federal immigration officials expect to deport him to Mexico because he is suspected of entering the country illegally.

Two other men accused of being passengers in the Blazer, Pedro Luis Castillo and Rigoberto Moreno, both of Modesto, pleaded guilty to manslaughter in May 2009 and were sent to prison for nine years and eight months each.

Castillo and Moreno were tried on murder charges in fall 2007, but a judge declared a mistrial because a confession that had been ruled inadmissable was inadvertently included in exhibits given to the jury during its deliberations.

Sheriff's Detective Mark Copeland was one of the detectives who began the investigation into Tina's death seven years ago. Copeland said he was happy to see the trial ended with justice for Tina's mother.

"It took a long time," Copeland said. "It doesn't bring her daughter back; at least there's justice in this world."

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or (209) 578-2394.

This story was originally published May 11, 2011 at 10:57 PM with the headline "Pair in Modesto park shooting convicted of murder."