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Sep 24, 2008 7:19 pm US/Pacific
Mom On Trial In Gang Murder Case
LONG BEACH (AP) ―
A mother was seeking revenge for disrespect when she drove her teenage son and his fellow gang members to a deadly confrontation with a rival gang, prosecutors said Wednesday at her murder trial. Her defense attorney claimed she was unaware one of the teens in her group was armed and ready to kill.
In opening statements, prosecutors said Eva Daley gave her son and six of his friends a ride to the scene where Jose "Bobby" Cano, 13, was stabbed to death near a skate park on June 25, 2007, in a gritty area in this port city.
Daley, 31, and co-defendant Herbierto Garcia -- the 17-year-old accused of stabbing the victim -- have pleaded not guilty to first-degree murder. The cases for six other defendants, including Daley's son, went to juvenile court.
Deputy District Attorney John Lonergan told jurors that Daley sought retribution for a perceived slight against her and her son.
On the night of the stabbing, several members of a gang called the "LTs," or Latino Thugs, showed up in an alley outside Daley's home and started to argue with her then 14-year-old son, who allegedly is a member of a rival gang, "LMS," or Los Marijuana Smokers.
"Words were exchanged by the LTs. ... There was some disrespect," Lonergan said, noting that the situation escalated to the point where Latino Thug members threw road flares at Daley's house.
Later on, Daley picked up several of her son's friends in her white Chevy Tahoe and drove to the area near the skate park, where her passengers jumped from the SUV and chased down their rivals.
Cano slipped and fell and was set upon by the group, which beat him as Garcia administered the deadly knife attack, Lonergan said.
He said the dispute in part stemmed back to an earlier fight in December 2006 when Cano allegedly stabbed and wounded Daley's son.
Daley and Garcia have pleaded not guilty.
Daley's attorney Javier Ramirez said she never knew any of the teens she was driving had a weapon and suggested she may have been caught up by circumstance.
"She's a mother of three trying to get by in everyday life but got caught up because one of her kids had kind of gone bad," Ramirez said.
Garcia's attorney Jack Fuller did not give a detailed outline of his defense during opening arguments, but said he would challenge the prosecution's assertions one by one.
Lonergan said Garcia cut his finger during the stabbing and both his and Cano's blood were found in Daley's SUV. After the killing, Daley allegedly dropped several of the boys off at their homes.
Three witnesses were called during the morning session including area resident Carlos Lopez, who said he saw a group of young men jump into a car driven by a woman. He said he heard the woman yelling, "Let's go, let's go, come on," then one of the teens saying, "We slashed him good," as he ran by.
Eight people were charged in the case. Of the six youths, aged between 13 and 17, five pleaded guilty to manslaughter and were sentenced to time in the California Department of Corrections' Division of Juvenile Justice, Lonergan said. One other has not entered a plea.
The trial is scheduled to last through Oct. 8.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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