One of the Ventura County 15-year-olds charged with murder in the Dec. 9 fatal shooting death of an innocent bystander on Stearns Wharf appeared in court Tuesday for further proceedings in his case, prosecutors said.
“One juvenile murder defendant was in court today,” Senior Deputy District Attorney Tate McAllister confirmed. “That case was continued to 4/20 for further proceedings.”
The other 15-year-old from Ventura County who is charged with murder in the death of Robert Dion Gutierrez, 52, of Camarillo, is due back in court on April 4, also for further proceedings, the prosecutor said.
“Further proceedings,” Senior Deputy District Attorney McAllister said, “just means that the court and the parties will appear to address any issues that need to be addressed and check on the status of the case.”
The District Attorney’s Office has identified the teens as Matthew Lopez and Adan de la Cruz.
The two minor defendants have alleged ties to Ventura County gangs. Both have denied the murder charges filed against them.
Prosecutors will not seek to try them as adults in Superior Court, where their sentences would be a lot stiffer if they were convicted.
“The law was recently changed to prohibit the transfer of 14- and 15-year olds to adult court, so the juveniles must be tried as juveniles,” Prosecutor McAllister said.
Prosecutors allege the two teens engaged in a firefight with four young adults from Santa Barbara with alleged ties to a Santa Barbara gang, and that Mr. Gutierrez got trapped in between the two groups.
Mr. Gutierrez was walking on the Santa Barbara wharf with his wife when the shooting erupted. According to police, he “was struck and killed by one of the rounds fired” during the altercation.
Mr. Gutierrez was treated at the scene for his gunshot wound and taken to the hospital, where he died on Dec. 20.
“One group involved in the altercation has been identified as local Santa Barbara area residents with ties to a local Santa Barbara street gang,” police said. “The opposing group in the altercation has been identified as Ventura County residents with ties to Ventura County street gangs.”
Prosecutors allege the adult defendants were driving on the wharf when they spotted the Ventura County juveniles and confronted them, dispatching two of their group to attack them with a gun.
The four Santa Barbara defendants have pleaded not guilty. They are scheduled to return to court April 6 to set a date for a preliminary hearing.
The juveniles were arrested by Santa Barbara Police Department officers on Feb. 16. Their arrests were the result of an intense police investigation to identify and bring to justice additional suspects following the Jan. 19 arrest of the four adult defendants from Santa Barbara.
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