FAYETTEVILLE -- Washington County prosecutors can use evidence of gang association and video of an altercation between gang members in next week's trial of a man accused of shooting and wounding a 14-year-old boy in Springdale last year, a judge ruled.
Hector Torres Vega, 21, of Lowell is accused of shooting Joseph Garcia, who had stopped his bicycle at the corner of Crawford and Marilyn streets. Witnesses told police a car drove up and a man with a gun got out and approached Garcia, asked his gang affiliation, then shot him, according to prosecutors. Police said Vega was the man with the gun.
Circumstantial Evidence
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.
Source: nolo.com
Garcia was shot twice and suffered wounds to his legs and left hand. Police found two .45-caliber shell casings at the scene.
The shooting came less than five minutes after Vega and Jose Yanez, 18, of Rogers were involved in an altercation with six rival gang members at a nearby Kum & Go convenience store, 1010 N. Thompson St., according to police. The rival gang members left the store on foot headed west, and Vega and Yanez left in a silver car, traveling the same direction.
Charles Duell, deputy prosecutor, told Circuit Judge Joanna Taylor on Thursday the evidence is circumstantial but central to the case.
"It's about a gang shooting," Duell told Taylor. "That's what the very nature of this case is. It's a gang dispute."
Taylor agreed, saying video of the fight and evidence of gang affiliation, including Vega's blue shirt with "WBS" on front and "Suspects" and "479" on the back, is relevant.
"He is advertising his membership in that gang," Taylor said of the shirt Vega was wearing in the video. "The reason we know Mr. Vega's gang affiliation is he's wearing it. This type of dress makes these gang members readily identifiable to each other."
Police said Vega is an admitted member of the Wicked Brown Suspects, and they identified the rival gang members at the store as being associated with Termite Loco Savages.
Taylor also said the fight and the direction of travel of those involved afterward is also relevant because it shows the fight and the shooting were close in time and proximity.
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 also filed a motion to exclude evidence of the fight. The motion argued 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.
Roberson argued Thursday the evidence had no bearing on a motive for the shooting and only proved Vega was in the store and got into an altercation, not whether he had a gun or shot someone.
"There is no gang warfare, it's a kid on his bike getting shot," Roberson said. "The motive for the shooting is undetermined."
Taylor also ruled prosecutors must refer to Garcia using his name or describing his as the "alleged victim." Roberson had argued using the word "victim" alone would unfairly shift the burden of proof to the defense.
Prosecutors amended the charges against Vega on Thursday morning to attempted first-degree murder and being a felon in possession of a firearm. Vega originally had been charged with attempted capital murder, being a felon in possession of a firearm and engaging in a continuing criminal gang, organization or enterprise.
The trial is expected to begin Wednesday. Attempted first-degree murder is punishable by 10 to 40 years or life in prison.
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.
Vega and Yanez are being held at the Washington County Jail in lieu of $200,000 bond each.
NW News on 07/08/2016