Trial ordered for Merced man in Modesto police shootout

A judge on Tuesday ordered a Merced man to stand trial on a charge of attempted murder in connection with a police shootout in downtown Modesto last year.

Defendant Juan Tinoco, 26, was the only person injured in the May 31, 2015, shootout after a volley of gunfire erupted at the end of a police chase. Tinoco was hospitalized and treated for his wounds before he was booked at the county jail a few days after the shooting.

Stanislaus Superior Court Judge Scott Steffen determined there was sufficient evidence for Tinoco to stand trial. Tinoco, who remains in custody, will return to court May 17 for an arraignment hearing.

Two other men, also from Merced, were with Tinoco inside the Toyota Camry that sped away from police officers that night.

Andrew Hernandez was arrested, but prosecutors later dropped all charges against him and he has been released from jail. Authorities said there is no evidence that Hernandez fired at police.

Officers testified Tuesday that Hernandez was seen with his hands up and quickly surrendered after the shootout. He was the only person who remained in the Camry after the chase ended.

A preliminary hearing was scheduled this week for Tinoco and co-defendant Steven Vasquez. As the hearing was about to begin Monday, Vasquez pleaded no contest to assault with a gun on a police officer, according to his attorney, Michael Scheid.

Steffen sentenced Vasquez, 27, to six years in prison for the shooting. He has been in custody at the county jail for nearly a year and will be transferred to a state prison. Scheid said his client’s plea does not require him to testify against Tinoco. Attempted murder charges against Vasquez were dropped.

The officers involved in the shootout have been identified as Sgt. Lance Nicolai and officers Glenn Graves and Daniel Starr.

About 11:20 p.m., police responded to reports of a fight involving several people at the taco trucks near Eighth and H streets. Dispatchers told officers that the suspects were spotted lifting their shirts to display guns in their waistbands.

Officers spotted a car matching the witness description and tried to pull it over, but the Camry sped away. Police gave chase onto Downey Avenue near 19th Street in downtown Modesto.

The chase ended, Nicolai testified, when a patrol car intentionally hit the Camry, forcing the car into a spin before it hit a curb. The impact lifted the car momentarily onto two wheels before it crashed down.

“It’s dangerous to pursue a vehicle,” Nicolai said of the decision to hit the car. “If we can stop a (pursuit) from happening, we will.”

On Tuesday, footage from Nicolai’s body camera was shown in court.

When the car crashed against the curb, police said Tinoco got out and began to fire at officers. Vasquez, later identified as the driver, also got out and fired at the officers.

Nicolai testified that he heard gunshots as he was getting out of his patrol car. “I can see him shooting,” the police sergeant said of Tinoco.

Tinoco is seen in the video running out from behind the Camry across the street and apparently firing a gun at officers. Nicolai said Tinoco was running and stumbling away from the Camry. He testified that Tinoco fell and got up, firing two more shots at police before he collapsed near Johnson Street.

Nicolai said he fired his gun at Vasquez, who went down. Vasquez initially was believed to have been injured by gunfire, but he wasn’t. He just went to the ground next to the car.

Police found a pistol several feet from where Tinoco lay wounded. He was handcuffed and the Camry was secured before medics were allowed to move in and treat Tinoco.

Two shots from the suspects hit Graves’ patrol car, going through a bumper and hitting a wheel. Those were direct shots from the suspects, according to police. Another shot skipped off the ground and struck the grill on Nicolai’s patrol car.

This story was originally published May 3, 2016 at 4:40 PM with the headline "Trial ordered for Merced man in Modesto police shootout."