damn, just when you thought ya homies was down, they testifying against you and they are placed in the witness protection program...the article was also in the Examiners free paper that came out today
Men make court appearance for road rage death
By Ethan Fletcher
Staff Writer
Published: Tuesday, February 15, 2005 10:46 AM PST
E-mail this story | Print this page
REDWOOD CITY -- Two men accused of first-degree murder in a road rage incident that resulted in the shooting death of 22-year-old Raymond Gardner stood in court Monday two years after the incident.
Because the case lacks special circumstances, prosecutors cannot seek the death penalty against Tito Sedeno and John Navarro, both 22. Gardner 's mother, Pacifica resident Karen Gardner, says she no longer cares if they die for their alleged crimes. She just wants them off the streets forever.
"I hope they get put in prison for the rest of their lives," Gardner said. "I don't hate them anymore like I did at first, when I wanted both of them to go to the gas chamber. I know it's not going to bring my son back. But I don't want this to happen to anyone else."
Both defendants appeared in orange and red jumpsuits before their assigned trial judge, who must still review the case and set a date for jury selection. They face charges of first-degree murder.
On Jan. 12, 2003, prosecutors say the duo shot at Raymond Gardner and his friends, who were driving in two cars from San Jose to Pacifica, from their SUV on Interstate 380 in San Bruno.
Sedeno was allegedly weaving back and forth between two lanes and fired the shots allegedly because one of the cars honked at them.
Raymond Gardner, who was asleep in the passenger seat of one of the cars, was the only one injured when he was shot in the head. He later died at San Francisco General Hospital.
"This is a devastating case, it's totally random. Obviously these guys didn't know each other," prosecuting District Attorney Sean Gallagher said. "They were just out with loaded guns and more ammunition ready, and they were itching to use them."
Gallagher said Sedeno and Navarro, each alleged gang members from San Francisco, fired shots at both cars from different guns. A third suspect in the car, Richard Sedillo, is not being charged and is testifying against the defendants for the prosecution.
Gardner said she and her husband plan to attend as much of the trial as possible. She said time has made the pain of losing their only son a little more bearable.
"This second year is easier. I'm not crying all the time like I was before," she said. "I used to cry whenever I talked about him, but now I can talk about him all day long.
Decision on splitting murder trial today
By Michelle Durand Daily Journal Staff
Prospective jurors called today for the murder trial of John Navarro and Tito Sedeno will learn, just shortly after the involved attorneys themselves, whether they are asked to decide the fate of one defendant or both.
A request by defense attorneys to split the men’s cases into two different hearings with two different juries will not be decided by Judge Joseph Bergeron until this morning. Bergeron must first rule whether there is enough legal cause for two trials. If the answer is yes, the next decision is on which defendant goes first.
The ruling makes no difference to Mara Feiger, Sedeno’s court-appointed attorney. She said she will present the same case regardless — one she said clears her client while implicating a main prosecution witness and Navarro as the shooters who killed Raymond Gardner.
Navarro’s attorney, Myra Weiher, moved to sever the two defendants because Feiger is calling Lois Buenaflor as a witness. Buenaflor admittedly has some psychological problems and is a very uncooperative witness. She is, however, essential because she was present during the Jan. 12, 2003 shooting, Feiger said.
“There’s no question she’s a troubled gal but at the end of the day she was there. Tito’s life hangs in the balance and is dependent upon this person who is a little goofy,” Feiger said.
Both men face at least 90 years in prison if convicted in the Jan. 12, 2002 fatal shooting of Raymond Gardner. Gardner and three friends were returning from an auto show in San Jose between 3 a.m. and 3:30 a.m. when they drove an Infiniti and another car carrying them near a white Chevrolet Tahoe carrying Sedeno and Navarro. The Tahoe straddled two lanes on Interstate 380 so the driver of the Infiniti in which Gardner was a passenger signaled his intention to pass. Shots were fired from the Tahoe into the car, striking Gardner in the head. He died nearly immediately but his friend rushed him to a local hospital where his organs were later donated.
The defendants, plus fellow passenger Sedillo, were arrested after Daly City police spotted them at a Denny’s restaurant. They led police on a high-speed chase around the Bay which culminated in San Francisco’s Mission District. Prosecutors released Sedillo after he agreed to cooperate with their case.
Sedeno passed a polygraph in April 2004 but the results are not admissible unless the prosecution agrees, Feiger said. Instead, the prosecution is “too committed” to the story Sedillo wove, she said.
Sedillo reportedly will testify that Navarro and Sedeno fired the shots and nobody else was in the vehicle. Feiger claims Sedillo’s lack of charges prove the authorities set their sights on the defendants and refused to budge, even when presented with a witness like Buenaflor.
Buenaflor was in the SUV with the men and heading back to Sedeno’s Pacifica apartment after being promised marijuana, Feiger said. As they traveled on Interstate 380, the men passed two guns back and forth while music blared and Tito drove erratically, Feiger said. Without warning, bullets were fired and Sedeno claims he didn’t even know of the shooting until after his arrest, Feiger said.
At the apartment, Buenaflor claims Sedillo — a man she knew by his street name “Happo” — tried to rape her using the same gun as in Gardner’s shooting. She was later dropped off at her boyfriend’s apartment prior to the others going to Denny’s. Her white Kangol hat was found in the backseat and matches photos of Buenaflor taken at a party earlier that night, Feiger said.
Prosecutor Sean Gallagher disputes Buenaflor’s credibility and wants jurors to believe she was never in the vehicle.
Feiger plans to offer jurors descriptions by Gardner’s friends that the arm they saw extended from the SUV with a gun was clad in a black sleeve. Navarro had on a gray-sleeved baseball jersey and Sedeno wore a red sweater, Feiger said. Only Sedillo wore a black denim jacket rolled at the cuff.
Buenaflor will also tell jurors Navarro also shot a gun along with Sedillo, Feiger said.
“She specifically states that Tito never fired shots. That is why Mr. Navarro doesn’t want her to testify, because she does place the gun in his hand,” Feiger said.
The problem with Buenaflor is some underlying psychological problems that make her a challenging witness, Feiger admits. During a preliminary hearing, she could not positively identify her own driver’s license photo and would sit for long periods of time before answering questions by attorneys.
“She is the most difficult person I have ever had to work with and if I were to pick the ideal witness it would not be her. But the problem is she was there,” Feiger said.
Feiger said she feels “horrible” for the death of Raymond Gardner and what his family continues to endure but she has no intention of compounding the tragedy by seeing her client convicted.
“It should never have happened but why add to the misery by seeing an innocent man go away for something he didn’t do?” she asked.
Sedeno and Navarro remain in custody on no-bail status. They return to court this morning for the beginning of jury selection.
Men make court appearance for road rage death
By Ethan Fletcher
Staff Writer
Published: Tuesday, February 15, 2005 10:46 AM PST
E-mail this story | Print this page
REDWOOD CITY -- Two men accused of first-degree murder in a road rage incident that resulted in the shooting death of 22-year-old Raymond Gardner stood in court Monday two years after the incident.
Because the case lacks special circumstances, prosecutors cannot seek the death penalty against Tito Sedeno and John Navarro, both 22. Gardner 's mother, Pacifica resident Karen Gardner, says she no longer cares if they die for their alleged crimes. She just wants them off the streets forever.
"I hope they get put in prison for the rest of their lives," Gardner said. "I don't hate them anymore like I did at first, when I wanted both of them to go to the gas chamber. I know it's not going to bring my son back. But I don't want this to happen to anyone else."
Both defendants appeared in orange and red jumpsuits before their assigned trial judge, who must still review the case and set a date for jury selection. They face charges of first-degree murder.
On Jan. 12, 2003, prosecutors say the duo shot at Raymond Gardner and his friends, who were driving in two cars from San Jose to Pacifica, from their SUV on Interstate 380 in San Bruno.
Sedeno was allegedly weaving back and forth between two lanes and fired the shots allegedly because one of the cars honked at them.
Raymond Gardner, who was asleep in the passenger seat of one of the cars, was the only one injured when he was shot in the head. He later died at San Francisco General Hospital.
"This is a devastating case, it's totally random. Obviously these guys didn't know each other," prosecuting District Attorney Sean Gallagher said. "They were just out with loaded guns and more ammunition ready, and they were itching to use them."
Gallagher said Sedeno and Navarro, each alleged gang members from San Francisco, fired shots at both cars from different guns. A third suspect in the car, Richard Sedillo, is not being charged and is testifying against the defendants for the prosecution.
Gardner said she and her husband plan to attend as much of the trial as possible. She said time has made the pain of losing their only son a little more bearable.
"This second year is easier. I'm not crying all the time like I was before," she said. "I used to cry whenever I talked about him, but now I can talk about him all day long.
Decision on splitting murder trial today
By Michelle Durand Daily Journal Staff
Prospective jurors called today for the murder trial of John Navarro and Tito Sedeno will learn, just shortly after the involved attorneys themselves, whether they are asked to decide the fate of one defendant or both.
A request by defense attorneys to split the men’s cases into two different hearings with two different juries will not be decided by Judge Joseph Bergeron until this morning. Bergeron must first rule whether there is enough legal cause for two trials. If the answer is yes, the next decision is on which defendant goes first.
The ruling makes no difference to Mara Feiger, Sedeno’s court-appointed attorney. She said she will present the same case regardless — one she said clears her client while implicating a main prosecution witness and Navarro as the shooters who killed Raymond Gardner.
Navarro’s attorney, Myra Weiher, moved to sever the two defendants because Feiger is calling Lois Buenaflor as a witness. Buenaflor admittedly has some psychological problems and is a very uncooperative witness. She is, however, essential because she was present during the Jan. 12, 2003 shooting, Feiger said.
“There’s no question she’s a troubled gal but at the end of the day she was there. Tito’s life hangs in the balance and is dependent upon this person who is a little goofy,” Feiger said.
Both men face at least 90 years in prison if convicted in the Jan. 12, 2002 fatal shooting of Raymond Gardner. Gardner and three friends were returning from an auto show in San Jose between 3 a.m. and 3:30 a.m. when they drove an Infiniti and another car carrying them near a white Chevrolet Tahoe carrying Sedeno and Navarro. The Tahoe straddled two lanes on Interstate 380 so the driver of the Infiniti in which Gardner was a passenger signaled his intention to pass. Shots were fired from the Tahoe into the car, striking Gardner in the head. He died nearly immediately but his friend rushed him to a local hospital where his organs were later donated.
The defendants, plus fellow passenger Sedillo, were arrested after Daly City police spotted them at a Denny’s restaurant. They led police on a high-speed chase around the Bay which culminated in San Francisco’s Mission District. Prosecutors released Sedillo after he agreed to cooperate with their case.
Sedeno passed a polygraph in April 2004 but the results are not admissible unless the prosecution agrees, Feiger said. Instead, the prosecution is “too committed” to the story Sedillo wove, she said.
Sedillo reportedly will testify that Navarro and Sedeno fired the shots and nobody else was in the vehicle. Feiger claims Sedillo’s lack of charges prove the authorities set their sights on the defendants and refused to budge, even when presented with a witness like Buenaflor.
Buenaflor was in the SUV with the men and heading back to Sedeno’s Pacifica apartment after being promised marijuana, Feiger said. As they traveled on Interstate 380, the men passed two guns back and forth while music blared and Tito drove erratically, Feiger said. Without warning, bullets were fired and Sedeno claims he didn’t even know of the shooting until after his arrest, Feiger said.
At the apartment, Buenaflor claims Sedillo — a man she knew by his street name “Happo” — tried to rape her using the same gun as in Gardner’s shooting. She was later dropped off at her boyfriend’s apartment prior to the others going to Denny’s. Her white Kangol hat was found in the backseat and matches photos of Buenaflor taken at a party earlier that night, Feiger said.
Prosecutor Sean Gallagher disputes Buenaflor’s credibility and wants jurors to believe she was never in the vehicle.
Feiger plans to offer jurors descriptions by Gardner’s friends that the arm they saw extended from the SUV with a gun was clad in a black sleeve. Navarro had on a gray-sleeved baseball jersey and Sedeno wore a red sweater, Feiger said. Only Sedillo wore a black denim jacket rolled at the cuff.
Buenaflor will also tell jurors Navarro also shot a gun along with Sedillo, Feiger said.
“She specifically states that Tito never fired shots. That is why Mr. Navarro doesn’t want her to testify, because she does place the gun in his hand,” Feiger said.
The problem with Buenaflor is some underlying psychological problems that make her a challenging witness, Feiger admits. During a preliminary hearing, she could not positively identify her own driver’s license photo and would sit for long periods of time before answering questions by attorneys.
“She is the most difficult person I have ever had to work with and if I were to pick the ideal witness it would not be her. But the problem is she was there,” Feiger said.
Feiger said she feels “horrible” for the death of Raymond Gardner and what his family continues to endure but she has no intention of compounding the tragedy by seeing her client convicted.
“It should never have happened but why add to the misery by seeing an innocent man go away for something he didn’t do?” she asked.
Sedeno and Navarro remain in custody on no-bail status. They return to court this morning for the beginning of jury selection.
