Defendant in fatal Modesto stabbing not a gang member, expert says

Gang membership was again the focus of testimony in a trial for three defendants accused of murder in a Modesto park stabbing. But this time the defense had its gang expert on the witness stand.

Gregorio Estevane said he believes Jacob Segura is not a gang member, but only associated with Norteño gang members without committing crimes with or for them. He pointed to 16 incidents the prosecution introduced to argue that Segura is a gang member.

But Estevane said he found in those incidents that spanned several years only one red belt with an “N” that could indicate the possibility of gang involvement. Norteño gang members symbolize their affiliation with red clothing or the letter “N.”

The information in the incidents shows “He’s not putting in work for the gang, he’s just associating with them,” said Estevane, who said he has studied gang activity for more than 30 years as a private investigator and an academic.

Segura, Taylor Koplen and Juan Garcia are on trial. They face charges of murder in Tylor Crippen’s stabbing. They also face charges of robbery and two counts of attempted robbery, along with enhancements of committing crimes for the benefit of the Norteño street gang.

The stabbing occurred on the night of Jan.29, 2013, at the park, a few blocks west of Claus Road.

Detective Robert Gumm, a Modesto police gang investigator, has testified that the three defendants are Norteño gang members. The detective looked into the defendants’ criminal backgrounds and interactions with law enforcement, basing his opinion on several dozen police reports.

Gumm has told the jury that the defendants were trying to rob Crippen and his girlfriend to instill fear in the neighborhood. When Crippen resisted, the defendants chased Crippen into the park, according to his girlfriend. Prosecutors believe Koplen stabbed Crippen.

Estevane, who has testified as a gang expert more than 50 times, said he questioned Segura for about an hour. Segura told the expert that he is not a gang member, but he hung out with gang members at school, parties and at parks.

In one of the incidents, Segura told a probation officer that he had been “kicking it with Northerners.” Estevane says that’s an indication Segura hangs out with gang members, but that was misinterpreted by the police detective.

Estevane also pointed to an incident where Segura was found spray-painting gang graffiti when he was 10 years old. Authorities said that was an indication of gang involvement at a young age, but Estevane testified “It’s a little young for gang members.”

Segura told authorities then that he didn’t know why he spray-painting graffiti; he said he just did it. Estevane testified Segura’s response was not consistent with gang members who use graffiti as “gang branding.”

“If this is a gang incident, you want everyone to know it’s a gang incident,” Estevane told the jury.

The gang expert is expected to continue his testimony today in Stanislaus County Superior Court.

This story was originally published October 27, 2014 at 5:40 PM with the headline "Defendant in fatal Modesto stabbing not a gang member, expert says."