Turlock man suspected of killing pregnant woman captured in Mexico, affidavit reveals
A Turlock man suspected of shooting a pregnant woman in the stomach, killing her and her unborn child, was arrested and charged with their murders on Thursday.
The suspect, Robert Penaloza, 29, has been on the run since the shooting on Aug. 4, 2020, according to an affidavit in support of his arrest that was drafted in January.
Penaloza was arrested by police in Tijuana, Mexico in March and brought back to Stanislaus County this week.
Amythest Rochelle Cortez, 27, of Gustine, was approximately 5 1/2 months pregnant when she was shot in the 500 block of Twentieth Century Boulevard around 1 a.m.
Two people at the scene and others who heard about the shooting and had contact with Penaloza afterward identified him as the shooter, according to the 51-page affidavit written by Turlock Police Detective Brandon Bertram and obtained by The Bee.
Cortez’s boyfriend, Steven Martinez, told police he was with another woman, Felicia Vigil, earlier in the evening.
Martinez and Vigil bought a bottle of Hennessy at a gas station, then went to the Turlock Inn at 701 Twentieth Century Blvd.
They were in the parking lot when Cortez showed up and confronted Martinez about being with Vigil, according to the affidavit.
Vigil wanted to get her bag out of Martinez’s car but he told her she’d have to wait until he talked to Cortez.
Martinez and Cortez then drove in separate cars away from the motel and parked a few blocks away, according to the affidavit. He got out of his car and got into the passenger side of Cotez’s vehicle so they could talk privately.
Meanwhile, Vigil saw Penaloza at the Turlock Inn and flagged him down, according to the affidavit.
Vigil told Bertram she asked him for a ride so she could get her bag out Martinez’s car, but she didn’t ask him to intervene on her behalf and had no knowledge of him possessing a firearm.
The woman was pronounced dead at Modesto hospital
According to the affidavit, they drove in a Chevrolet Suburban and pulled up alongside Cortez and Martinez’s vehicles.
Vigil got out to retrieve her bag from Martinez’s vehicle and a short time later a single shot was fired from the Suburban. A .40 caliber bullet went through the driver side door of Cortez’s vehicle then struck her in the stomach.
According to the affidavit, Penaloza then left in the Suburban traveling east, Vigil left on foot and Cortez drove east a few blocks before losing consciousness. She and her unborn child were later pronounced dead at a Modesto hospital.
Both Vigil and Martinez told Bertram they have no idea why the shooting occurred, that it was entirely unprovoked.
Some witnesses interviewed by detectives talked about hearing rumors that Martinez might have been the intended target because of allegations over an affair and another over a stolen vehicle. Another witness called it a “gang thing.”
Penaloza’s cell phone, tracked by his parole agent, pinged on a tower closest to the shooting scene within minutes of the homicide. It then traveled south, pinging on towers in Turlock and Merced before it was turned off, according to the affidavit.
Suspect was traced to Tijuana, Mexico
Evidence suggests Penaloza went to his father’s house in Merced after the shooting and stayed there a short time before fleeing to Mexico, according to the affidavit.
The Suburban he is suspected of driving on the night of the homicide was found on fire on Hawkins Road near Keyes Road on Aug. 20.
At the time the arrest warrant for Penaloza was issued Jan. 19, Bertram wrote in his affidavit that he believed Penaloza’s parents were sending him money in Mexico.
Turlock Police Department worked with investigators from the California Department of Corrections and Rehabilitation and the U.S. Marshals Service to locate Penaloza.
“Through relentless investigation, Turlock Police Detectives identified a possible area in Tijuana, Mexico, they believed Penaloza was living,” according to a press release from the Turlock Police Department. “That information was given to Police in Mexico, who located Penaloza and arrested him. He was turned over to the U.S. Marshals and returned to the United States.”
Penaloza was charged with two counts of murder, shooting into an occupied vehicle and being a felon in possession of a firearm. He appeared in court from an arraignment Thursday afternoon but did not enter a plea as the Public Defender assigned to his case said he still hadn’t received discovery.
This story was originally published April 8, 2021 at 5:07 PM.
