San Jose’s 8th homicide now called self defense – victim was involved in attempted home invasion robbery
Two suspects in a home invasion robbery gone bad face now attempted murder with premeditation charges, under PC 664, 187, and 189. Ernie Antonio Torres, a.k.a. Ernesto, also faces charges of discharging a firearm under PC 12022.53 (c) and (b).
24-year-old Jose Angel Sierra-Cabral and 22-year-old Torres were arrested for the Feb 20 home invasion robbery attempt that left one member of their gang dead and another injured after they tried to break into a home at 3531 Pine Ridge Way in San Jose.
It is believed that Sierra-Cabral with Torres began shooting into the garage of the home they intended to rob, as 22-year-old James Zamudio began to try and enter the home through a window. According to Officer Albert Morales with the San Jose Police department, “San Jose Police ‘911’ Communications Center received information about shots fired on the 3500 block of Pine Ridge Way in East San Jose”.
This Pine Ridge neighborhood was the scene of the shootings.
When SJPD officers arrived at the home, the victim began to describe a frightening scene with three unknown armed men attempting to enter his home carrying handguns. Seeing that they had guns, the victim armed himself with a rifle, firing at Zamudio. Zamudio returned fire before fleeing. The victim of the attempted robbery was unharmed.
Surveillance video near the scene revealed Zamudio crawling toward a dark colored vehicle before being helped by the driver to get into the back seat before driving away. Quickly working the information provided by surveillance video, they were able to trace the black Acura to Torres at the 2900 block of Aetna Way. After approaching the suspects at the home, one was located with a gunshot wound to his ankle.
Morales said, “A short time later, officers were informed that an adult male, later identified as James Zamudio, was dropped off at a local area hospital suffering from at least one gunshot wound”. After being taken to the home, Zamudio was then brought to the Regional Medical Center in a White Chevy Impala. Zamudio suffered a gunshot wound, which entered the right side of his rib cage, then exiting from the left side of his chest.
Zip ties that had been tied together were found on both Torres and Zamudio. Sierra-Cabral was identified as the driver of the black Acura. Sierra-Cabral told police that it was Torres’ idea to break into the house. 9mm casings were found in the street near the home. Crime scene unit investigators recovered a loaded .380 handgun with .22 caliber projectiles and bullet casings near the driver’s side of the vehicle, which were believed to have been fired into the garage.
Zamudio was initially reported at San Jose’s 8th homicide victim, but he was subsequently removed from that list under the extenuating circumstances. The next court appearance has been scheduled on June 6, 2014 at 9:00 AM in Dept. 30 at the Santa Clara County.
