Prosecutors say they'll use gang evidence in Springdale shooting trial

 Hector Torres Vega
Hector Torres Vega

FAYETTEVILLE -- Washington County prosecutors say gang associations or activities are central to their case against one of two men accused of shooting and wounding a 14-year-old boy in Springdale last year.

Hector Torres Vega, 21, of Lowell pleaded not guilty in Washington County Circuit Court last July to attempted capital murder, being a felon in possession of a firearm and engaging in a continuing criminal gang, organization or enterprise. Vega's trial is set to begin Wednesday in Circuit Judge Joanna Taylor's court.

Motion In Limine

A motion made before a trial begins, asking the court to decide whether particular evidence will be admissible. A motion in limine is most often made to exclude evidence by a party who believes that evidence would prejudice the jury against him or her. For example, a defendant in a criminal trial might make a motion in limine to exclude evidence of previous crimes.

Source: nolo.com

Joseph Garcia had stopped his bicycle at the corner of Crawford and Marilyn streets when a car drove up and a man with a gun, believed to be Vega, got out and approached him, according to court records. Garcia was shot twice and suffered wounds to his legs and left hand. Police found two .45-caliber shell casings at the scene. Garcia was riding between his home and his grandmother's home, according to court records.

Police believe Vega got out of a silver vehicle driven by Jose Yanez, 18, of Rogers and shot the teen. Witnesses said they saw the silver vehicle at both the shooting and at a fight minutes before at the nearby Kum & Go convenience store, 1010 N. Thompson St., according to police reports.

Police said the fight between two rival gangs and the shooting were related.

Vega's attorney, Mike Roberson, filed a motion last week asking the judge to prohibit evidence of gang association or activities from Vega's trial because they could prejudice the jury against him.

Roberson has also filed a motion to exclude evidence of the fight. The motion argues references to the fight would confuse jurors and said the state isn't alleging Garcia was a participant in the fight or was even at the gas station when the fight occurred.

Charles Duell, deputy prosecutor, said in a response filed Wednesday afternoon the evidence of gang affiliation shows motive, state of mind and circumstances that could explain Vega's actions. His response said the shooting happened about two blocks west of where a fight between rival gangs happened just prior to the shooting.

Vega was a prominent participant in that fight and appears on security video along with Yanez and members of the other gang, according to the response. Vega and Yanez also drove from the convenience store directly to the site of the shooting, according to the motion.

Both Vega and Yanez admitted to police they were in the video and car and they were members of the Wicked Brown Suspects gang, according to the response.

Roberson is also asking the judge to bar the prosecution from referring to Garcia as a "victim" at his coming trial saying it would unfairly shift the burden of proof to the defense. Duell responded he plans to refer to Joseph Garcia by name rather than as a "victim."

Yanez pleaded not guilty last July to accomplice to attempted capital murder, two counts of aggravated assault and engaging in a continuing criminal gang, organization or enterprise. He is awaiting trial.

Attempted capital murder is punishable by 10 to 40 years or life in prison. Vega and Yanez are being held at the Washington County Jail in lieu of $200,000 bond each.

There will be a hearing on the motion at 10 a.m. today.

NW News on 07/07/2016

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