Shooter admits gang involvment
An amended complaint has been filed against 22-year-old Cesar Herrera for charges ranging from PC246 – shooting at an occupied motor vehicle, to street terrorism/parole violation – 186.22 (b) (4). A felony complaint had been filed against the defendants in the Santa Clara Superior court on February 22, 2013. A second amended felony was filed against Herrera on March 11, 2013.
The area of the shooting was near schools and churches in San Jose
On Jan 12, 2013 shots were fired at the victim walking on Sunset Ave near Kammerer Avenue in San Jose. Two shots were fired from a vehicle at the victim. At the time witnesses say they saw a Silver Buick 4-door sedan with oversized tires turn into a parking lot. Officers responded from neighboring areas near McKee Road and North Capitol Avenue.
The two suspects walked up to the victim, Alex Rodriquez, who was dropping off his cousin and cousin’s girlfriend. As he was sitting, he saw two individuals crouching behind a car and then jumped out into the street once he started heading in their direction. Herrera backed up from where he was hiding and then fired two shots at the vehicle. The driver ducked down and backed up trying to evade the shooters and then sped away in order to avoid being hurt by the suspects.
The suspects claimed involvement with the Surenos gang in San Jose
A search warrant by the Gang Unit Task Force of the suspect’s residence turned up a 12-Gauge Shot Gun, a .22 caliber revolver with several rounds of ammunition belonging to a 9mm, 38 special, .357 and other caliber high powered hand guns.
During the booking process Detectives asked the suspects about being gang members, Ortiz was asked, “Who do you roll with?” Ortiz said, “Surenos.” Herrera was also asked, “Hey, how do you classify?” Herrera said, “Surenos.” Herrera explained he was involved with the VCT, or Varrio Colonias Trece. He explained to officers that this was the main reason he shot at the car believing that they were involved with “Norteno” gang members.
An example of Varrio Colonias Trece graffiti
Lavell Fulsom who lives in the area said, “There were these girls sitting on the corner smoking a cigarette and this guy just came up to them and asked them how much do they charge.” The area is known for gang activity and prostitution, which may have driven the violence. Fulsom said, “I was getting into trouble here when I was a sophomore in high school, but since I graduated from City College as a Business Major I feel better about myself.” Fulsom said, “Even though I was raised in the foster system, I had a little better off than other kids that are in foster care, who are always moving around to different foster homes and group homes.”
