Prosecutor calls Modesto death gang warfare; defense says evidence doesn’t support theory

A prosecutor on Wednesday told a jury that the deadly attack on Erick Gomez is a primary example of the ongoing warfare between Sureño and Norteño gangs on the streets of Modesto.

Deputy District Attorney Tom Brennan argued that a group of Sureños, seeking vengeance for an earlier beatdown that day, went out hunting for any Norteños they could find.

“This is the Sureño gang carrying out its primary activity,” Brennan told the jurors.

They found Gomez walking with his girlfriend along Vera Cruz Drive in a north Modesto neighborhood claimed as Norteño turf. Gomez, 20, was a Norteño gang member but there was no indication he was involved in the earlier assault on Sureños.

The prosecutor said Gomez’s death is just a snapshot of the escalating violence between these two predatory, rival street gangs.

“This is a not a new phenomenon,” Brennan argued. “They prey on each other. They thrive on fear, intimidation and (gaining) respect.”

Six defendants are on trial charged with murder in Gomez’s death. Closing arguments began Wednesday morning. The closing arguments were expected to continue Thursday.

Nine people have been indicted in connection with Gomez’s death: Nancy Rodriguez, Jeanette Robles, Elida Carranza, Jenna Sebourn, Dalia Mendoza, Lisandro Mendoza, Jesse James Sebourn, Michael Terrill Sebourn and Giovani Barocio.

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. Barocio, suspected of being the gunman, remains a fugitive.

Gregory Bentley, Jesse Sebourn’s attorney, argued that the prosecution is intent on convicting six defendants because investigators can’t find the gunman.

“Don’t lock up innocent people because they can’t find the man who shot and killed him and is guilty,” Bentley told the jury. “Don’t get lost in a theory of gang mentality that doesn’t exist.”

Dan Johnson represents Michael Sebourn, father to Jesse and Jenna Sebourn. The defense attorney argued that his client was trying to protect his children, and that’s why Michael Sebourn was there when Gomez was killed.

Johnson said his client told police that he tried to get some kicks in but didn’t know if he ever kicked Gomez, and the knife he had fell from his shirt sleeve to the ground during the confrontation.

The defense attorney told the jurors that the forensic pathologist found no evidence of blunt force trauma, only the stabbing and gunshot wounds. “Even though he is there, there is no assault likely to cause great bodily injury,” Johnson said about his client.

Gomez was stabbed and shot several times Feb. 14, 2013, in the 2400 block of Vera Cruz Drive, east of Coffee Road. One bullet struck him in the heart.

A year before the Gomez killing, two other Norteño gang members were gunned down on the same block. Graffiti memorializing their deaths and antagonizing rival Sureños was spray-painted on a carport at an apartment complex on Vera Cruz.

On Feb. 14, 2013, Jesse Sebourn and Robles defaced the graffiti at the apartment complex, according to the prosecutor. Norteños who lived there came out and beat up Jesse Sebourn and Robles.

Brennan argued that Jesse Sebourn, wanting revenge, gathered his friends and his father to retaliate. The prosecutor also said Jenna Sebourn went to pick up Dalia Mendoza to join the group that day.

The group gathered at Ellison Park, several blocks east of Vera Cruz Drive. The defense says they mainly drank alcohol at the park, making a few trips to the liquor store. The prosecution says the defendants gathered there to launch their hunt for Norteños.

Bentley said Jesse Sebourn was not at the crime scene when Gomez was killed. He argued that a witness not associated with the case spotted his client’s green car several blocks away on Oakdale Road a few minutes before the gunfire was reported.

Johnson told the jury that his client, Michael Sebourn, was on parole when the shooting occurred and had dropped out of the notorious Aryan Brotherhood prison gang. He argued that his client wouldn’t have participated in the confrontation with Gomez had he known Barocio fired the gun to gain gang status.

After the shooting, Barocio said, “You are my witnesses, I earned my stripes,” according to the prosecutor. Brennan argued that Barocio’s statement shows the attack’s intent was always geared toward benefiting the Sureño gang.

This story was originally published January 7, 2015 at 5:25 PM with the headline "Prosecutor calls Modesto death gang warfare; defense says evidence doesn’t support theory."