OFF THE WIRE
A Merced County Superior Court jury last Thursday convicted the lone remaining defendant in the 2009 barroom murder of Bill James.
After about two days of deliberation, the jury convicted 23-year-old Ruben Silva Jr. of Los Angeles of second-degree murder and participating in a criminal street gang in the murder of James.
Silva was found guilty of the second-degree murder charge under the theory that he aided and abetted the deadly attack on the 33-year-old James, the Merced Sun-Star reported.
He faces 15 years to life in prison, with sentencing set for Dec. 9.
James was a patron in the Gustine Club on the night of Nov. 6, 2009, when a group of as many as 10 members of the Mongols biker gxxg walked into the bar. Words were exchanged, and James was stabbed to death in a deadly confrontation.
Deputy District Attorney David Elgin, who prosecuted the case, commended the jury for sifting through a “complex, multi-layered” case to reach a verdict which he said served justice in the case.
He also commended the Gustine Police Department for its work with the Merced County Sheriff’s Department in investigating the homicide.
Defense attorney John Garcia said the conviction will be appealed.
He contended that the evidence against his client was not substantial, and that DNA evidence in the case pointed to others.
“There was no DNA linking my client to Mr. James or the weapons. I think it became clear that my client was not the stabber,” Garcia told Mattos Newspapers. But in cases involving aiding and abetting, he added, it is often difficult to know where jury made the connection leading to conviction.
Elgin, though, said that regardless of whether Silva stabbed James he was part of the group of Mongols who took part in the deadly attack. “There is no question he was involved in the assault of Bill James,” the prosecutor stated.
Silva and others arrested in the case were attending a gathering of Mongols members in Santa Nella.
A total of nine suspects were arrested in the case, but Silva was the only one to stand trial.
All others took plea deals or had the charges against them dismissed.
The Sun-Star reported Richard Naudin, Mark Oseguera and Brandon Carvalho pleaded no contest earlier this year to voluntary manslaughter charges and were sentenced to terms ranging from three to eight years in prison. Albert Aleman pleaded no contest to felony accessory after the fact and misdemeanor participation in a criminal street gang and will be sentenced to three and one-half years in prison.
http://www.westsideconnect.com/2011/11/18/guilty-verdict-in-bar-slaying-2/
