Is anyone familiar with this trial. Does anyone know them personally? This case used to be all over the news. Randy Salazar is mentioned on "Yoc Town Gangsta" by Big Tone Read the facts of the case, interesting as hell.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
RANDY SALAZAR and ERIC ANDERSON,
Defendants and Appellants.
(Contra Costa County
Super. Ct. No. 05-060329-0)
Defendants Randy Salazar and Eric Anderson, both members of the Norteño criminal street gang, attempted an early morning robbery of Matthew Stephens. Anderson, using Salazar’s gun, shot Stephens dead in the course of the robbery attempt. The jury convicted defendants of first degree felony murder and attempted second degree robbery. (Pen. Code, §§187, 190.2, subd. (a)(17); 211/212.5/664.) The jury also found that defendants committed both offenses for the benefit of the Norteño criminal street gang, with the specific intent to promote criminal conduct by gang members (§ 186.22, subd. (b)(1)). In addition, the jury convicted defendants of a gang-related firearms offense (§ 12031, subd. (a)(2)(C)). The trial court imposed principal terms of life without possibility of parole on defendants’ murder convictions.
I. FACTS
Under applicable standards of appellate review, we must view the facts in the light most favorable to the judgment of conviction, and presume in support of the judgment the existence of every fact which the jury could reasonably find from the evidence. (People v. Barnes (1986) 42 Cal.3d 284, 303; People v. Neufer (1994) 30 Cal.App.4th 244, 247.)
The Offense
Matthew Stephens worked in San Francisco, but lived in Antioch. He usually left his home to drive to work at 4:30 a.m. He kept a blue blanket in his car so that he could sleep if he arrived at work early. His Antioch neighborhood was not well lit and was on a thoroughfare that could allow for quick escape to other areas of the city.
On September 21, 2004, at approximately 4:30 a.m., defendants were out “rooting,” i.e., looking for someone to rob. Salazar was a high-ranking member of the Elite Northern Empire, a subset of the Norteño gang in the Antioch area. His street name was “Oso.” Anderson was an “independent Norteño,” but police believed he was trying to associate himself with the Pittsburg Norteño subset “Crazy Ass Latinos,” or “CAL.” His street name was “E-Lo.”
Defendants saw Stephens standing by his car. Anderson later told his friend Michael Johnson that Stephens was putting on his shirt. Armed with Salazar’s revolver, Anderson walked up to Stephens and put the gun in Stephens’ side. Stephens resisted and struggled with Anderson. Anderson shot Stephens in the face. The autopsy physician removed a .22 bullet from Stephens’ brain.
Stephens’ blanket was found near his body. It was soaked with blood, contained his glasses, and bore gunshot residue and a bullet hole consistent with a small caliber weapon, such as a .22. No bullet casings were found at the scene, except for a .40 casing dropped by an investigating officer; this was consistent with a revolver being used as the murder weapon.
Just before the shooting, William Eby, a bus driver, was walking to work. He walked past a housing complex and saw a white car enter the complex and park. He thought it was odd for the car to be there so early in the morning. Because there had been problems with stolen cars being dropped off in the complex’s parking lot, Eby walked behind the white car to get its license plate number. As he was six to 10 feet from the passenger side, the two men in the car turned to look at him. Eby identified Salazar as the driver and Anderson as the passenger. Defendants seemed “kind of agitated and stressed.”
Eby walked past the car, which then proceeded down the street in his direction, passing him. The car turned onto East Lake Drive. Eby followed, turned the corner onto East Lake Drive, and saw the white car had stopped at the end of the block near the intersection with East Lake Court. A few seconds later he heard a “pop,” that sounded to him like a muffled shot from a small caliber gun. After a few seconds, possibly no longer than 15, Eby saw the white car back up, spin around, and drive toward and past him at a speed of 50 miles per hour, in the direction of the waterfront. Eby walked to the end of the block and saw Stephens’ body lying by his car. The driver’s door was open and Eby heard the door chime, meaning the keys were in the ignition. Eby called 911.
Defendants immediately drove to the waterfront. Salazar threw into the water the handgun used to kill Stephens. They changed clothes and abandoned the white car on East 6th Street, a few minutes from the crime scene. Later that morning, Eby identified the car as the one he had seen that morning. Near the car, police recovered clothing; a Budweiser carton; and checks and identification in a number of different names, which appeared to have been stolen.
The Ensuing Investigation
The investigation of the homicide focused on defendants when police learned they had the white car, a Pontiac, at the time of the shooting. As we shall see, defendants admitted the murder to several of their associates.
Police learned that Mariette Sarmiento had rented the white Pontiac shortly before the murder. The day before the murder, September 20, 2004, Norteño member and methamphetamine dealer Gabriel Perez, along with his brother Eric, his cousin Michael Cole, and his friend Kristi Lopez, went to Sarmiento’s hotel room and forcibly took the keys to the Pontiac.
Gabriel Perez and his companions left in the car. Lopez drove. Lopez kept the car all morning on the 20th, dropping Gabriel Perez off at the residence of Gary Elizondo, aka “Chief.” Elizondo’s manor was 508½ West 16th Street, a half unit in the back of a house where people “hung out” to smoke methamphetamine.
Later in the day of the 20th, Lopez had the Pontiac at “Cadillac Dan” Vegas’ house, at 509 West 15th Street—the block behind Elizondo’s residence. Lopez called her friend Nicole Martin and asked her to come by to pick up two garbage bags containing stolen items, including checks and driver’s licenses. Lopez wanted Martin to store the bags in her apartment, which was in a guarded and gated complex. Martin went to Vegas’ house. Lopez retrieved the bags from the Pontiac.
About 10:00 p.m. on the 20th, Antioch Police Officers Wisecarver and Koch went to Elizondo’s house to investigate the theft of some checks. They met with Lopez and saw the white Pontiac. The officers also saw that Lopez was with a group of people which included defendant Anderson, Gabriel Perez, and his brother Eric.
Sometime after midnight or 12:30 the next morning—the morning of the murder—Gabriel Perez drove the white Pontiac from Elizondo’s house to the home of Joseph “Jo Jo” Watts, near downtown Antioch. Anderson was there, along with Eric Perez and “Filthy Phil” Makinano. Everyone at the house was smoking methamphetamine. Defendant Salazar called and asked to be picked up and brought over to Watts’ house. Eric Perez drove the white Pontiac to Elizondo’s house, possibly accompanied by Anderson, picked up Salazar, and took him to Watts’ house.
When Salazar arrived, he appeared agitated and paranoid: “Something was bugging him . . . something was on his mind.” He went from room to room with his revolver in hand, thinking that someone else was in the house. Watts was worried about whether Salazar was aggravated or frustrated. Gabriel Perez told Watts that he would take care of Salazar if he got out of control.
About two and a half hours later, in the early morning of September 21, 2004, Gabriel and Eric Perez, “Filthy Phil” Makinano, and both defendants left Watts’ home in the white Pontiac. They dropped Makinano off in Pittsburg at a drug haven known as “The Crack Shack.” Next they dropped Eric Perez off at Martin’s guarded and gated apartment complex in Pittsburg. A surveillance videotape shows the Pontiac entering the complex at 3:40 a.m.—about 50 minutes before the murder. The tape showed that Anderson appeared to be driving. Gabriel Perez signed the security check-in sheet.
After dropping off Eric, only Gabriel Perez and defendants were left in the car. According to a statement Gabriel gave police, Anderson was driving.
The surveillance videotape shows the white Pontiac leaving Martin’s apartment complex. Defendants drove Gabriel Perez to Elizondo’s house, where he had arranged to meet Stephanie Taylor.
Defendants, now with the white Pontiac all to themselves, drove to East Lake Drive where they accosted Stephens and murdered him. Not long after the murder, and after they changed clothes, abandoned the white Pontiac, and disposed of the murder weapon, defendants went to the home of Salazar’s girlfriend, Yamileh “Yami” Serrano.
Later that morning, Gabriel Perez awoke and called Salazar to find out the whereabouts of the white Pontiac. Salazar lied to him and told him the car—which defendants had abandoned near the crime scene—was downtown. Gabriel sent his brother Eric and Makinano downtown on bicycles to retrieve the car. They could not find it.
Salazar went to Cadillac Dan’s house and met with Gabriel, who confronted him about the missing car. Salazar’s behavior was suspicious, making Gabriel think Salazar had sold the Pontiac. Salazar told Gabriel Perez to stop looking for the Pontiac. Salazar also said that if he saw the car again he would “burn” it. Salazar admitted participation in the murder and attempted robbery to Gabriel Perez. Specifically, Salazar told Perez about his involvement and that Anderson and Stephens wrestled over the gun and the gun went off. Salazar told Gabriel not to tell anyone about the crimes, not even his brother Eric.
On the evening of the day of the murder, Anderson went to the home of “Tattoo Fernando” Flores to get a gang tattoo—apparently the word “Northern” above the initials “CAL,” i.e., “Crazy Ass Latinos.” “Little Fernando” Coria was at Flores’ house. Anderson told Coria about the murder and asked for his advice. Coria told Anderson he should not tell anyone about the killing; Anderson responded that he had already told eight people. Coria told Anderson to stop talking about the murder. Anderson left without getting his tattoo.
At 6:40 p.m. on the evening of the day of the murder, police went to Martin’s apartment and arrested Gabriel Perez on a probation violation. After four interviews, Gabriel told police that Salazar had admitted the murder and attempted robbery to him. Gabriel told police his disclosure of Salazar’s admission put his life in jeopardy, and he was nervous.
A week after the murder, the Contra Costa Times published an article naming defendants as suspects in the murder, and published defendants’ pictures. At that time, Anderson was staying with a friend, Michael Johnson, who saw the article. Anderson admitted the murder and attempted robbery to Johnson. Anderson told Johnson that Salazar had given him the gun; that he put the gun in Stephens’ side; that Anderson and Stephens struggled over the gun and Anderson shot Stephens; and after the shooting Anderson and Salazar changed clothes and got rid of the car. Johnson told Anderson he should turn himself in. Anderson surrendered to police in October 2004.
Salazar was apprehended in the early morning hours of October 3, 2004, after a lawful police pursuit unrelated to the murder.
Antioch Police Officer Thomas Lenderman qualified as an expert on street gangs, including the Norteño gang. In his expert opinion, based on several factors, both defendants were active members of the Norteño gang.
Defendants did not testify at trial. They presented expert testimony showing that the physical evidence linking them to the white Pontiac was inconclusive. Through counsel, they attacked the credibility of prosecution witnesses and claimed innocence. They assailed the identification testimony of Eby, and argued it was tainted by the newspaper photographs. They argued that most of the prosecution witnesses were not to be believed because they had prior convictions, poor memories due to drug use, inconsistencies in their testimony, and motivations to lie.
As we stated at the outset, we must view the facts in the light most favorable to the judgment of conviction, and presume in support of the judgment the existence of every fact which the jury could reasonably find from the evidence. The jury was the arbiter of the credibility of witnesses.
The jury convicted defendants of first degree felony murder, finding that defendants killed Stephens in the commission of attempted robbery. The jury also convicted defendants of attempted second degree robbery. With regard to both offenses, the jury found that defendants, as coprincipals in the murder, intentionally and personally discharged a firearm causing death (§ 12022.53, subds. (b), (c), (d) & (e)(1)). The jury also found that defendants committed both offenses for the benefit of the Norteño criminal street gang, with the specific intent to promote criminal conduct by gang members (§ 186.22, subd. (b)(1)). Finally, the jury convicted defendants of carrying a loaded firearm while a member of a street gang (§ 12031, subd. (a)(2)(C)).
The trial court sentenced each defendant to a principal term of life without the possibility of parole on the felony murder conviction. Pursuant to section 12022.53, subdivisions (d) and (e)(1), the court imposed a separate, consecutive term of 25 years to life on the firearm enhancement. And pursuant to a provision of the gang enhancement statute, section 186.22, subdivision (b)(5), the court ordered that defendants would not be eligible for parole until they served a minimum of 15 years. The court imposed sentences on the convictions for attempted robbery and carrying a loaded firearm, but stayed the sentences under section 654.
Picture of Anderson
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
RANDY SALAZAR and ERIC ANDERSON,
Defendants and Appellants.
(Contra Costa County
Super. Ct. No. 05-060329-0)
Defendants Randy Salazar and Eric Anderson, both members of the Norteño criminal street gang, attempted an early morning robbery of Matthew Stephens. Anderson, using Salazar’s gun, shot Stephens dead in the course of the robbery attempt. The jury convicted defendants of first degree felony murder and attempted second degree robbery. (Pen. Code, §§187, 190.2, subd. (a)(17); 211/212.5/664.) The jury also found that defendants committed both offenses for the benefit of the Norteño criminal street gang, with the specific intent to promote criminal conduct by gang members (§ 186.22, subd. (b)(1)). In addition, the jury convicted defendants of a gang-related firearms offense (§ 12031, subd. (a)(2)(C)). The trial court imposed principal terms of life without possibility of parole on defendants’ murder convictions.
I. FACTS
Under applicable standards of appellate review, we must view the facts in the light most favorable to the judgment of conviction, and presume in support of the judgment the existence of every fact which the jury could reasonably find from the evidence. (People v. Barnes (1986) 42 Cal.3d 284, 303; People v. Neufer (1994) 30 Cal.App.4th 244, 247.)
The Offense
Matthew Stephens worked in San Francisco, but lived in Antioch. He usually left his home to drive to work at 4:30 a.m. He kept a blue blanket in his car so that he could sleep if he arrived at work early. His Antioch neighborhood was not well lit and was on a thoroughfare that could allow for quick escape to other areas of the city.
On September 21, 2004, at approximately 4:30 a.m., defendants were out “rooting,” i.e., looking for someone to rob. Salazar was a high-ranking member of the Elite Northern Empire, a subset of the Norteño gang in the Antioch area. His street name was “Oso.” Anderson was an “independent Norteño,” but police believed he was trying to associate himself with the Pittsburg Norteño subset “Crazy Ass Latinos,” or “CAL.” His street name was “E-Lo.”
Defendants saw Stephens standing by his car. Anderson later told his friend Michael Johnson that Stephens was putting on his shirt. Armed with Salazar’s revolver, Anderson walked up to Stephens and put the gun in Stephens’ side. Stephens resisted and struggled with Anderson. Anderson shot Stephens in the face. The autopsy physician removed a .22 bullet from Stephens’ brain.
Stephens’ blanket was found near his body. It was soaked with blood, contained his glasses, and bore gunshot residue and a bullet hole consistent with a small caliber weapon, such as a .22. No bullet casings were found at the scene, except for a .40 casing dropped by an investigating officer; this was consistent with a revolver being used as the murder weapon.
Just before the shooting, William Eby, a bus driver, was walking to work. He walked past a housing complex and saw a white car enter the complex and park. He thought it was odd for the car to be there so early in the morning. Because there had been problems with stolen cars being dropped off in the complex’s parking lot, Eby walked behind the white car to get its license plate number. As he was six to 10 feet from the passenger side, the two men in the car turned to look at him. Eby identified Salazar as the driver and Anderson as the passenger. Defendants seemed “kind of agitated and stressed.”
Eby walked past the car, which then proceeded down the street in his direction, passing him. The car turned onto East Lake Drive. Eby followed, turned the corner onto East Lake Drive, and saw the white car had stopped at the end of the block near the intersection with East Lake Court. A few seconds later he heard a “pop,” that sounded to him like a muffled shot from a small caliber gun. After a few seconds, possibly no longer than 15, Eby saw the white car back up, spin around, and drive toward and past him at a speed of 50 miles per hour, in the direction of the waterfront. Eby walked to the end of the block and saw Stephens’ body lying by his car. The driver’s door was open and Eby heard the door chime, meaning the keys were in the ignition. Eby called 911.
Defendants immediately drove to the waterfront. Salazar threw into the water the handgun used to kill Stephens. They changed clothes and abandoned the white car on East 6th Street, a few minutes from the crime scene. Later that morning, Eby identified the car as the one he had seen that morning. Near the car, police recovered clothing; a Budweiser carton; and checks and identification in a number of different names, which appeared to have been stolen.
The Ensuing Investigation
The investigation of the homicide focused on defendants when police learned they had the white car, a Pontiac, at the time of the shooting. As we shall see, defendants admitted the murder to several of their associates.
Police learned that Mariette Sarmiento had rented the white Pontiac shortly before the murder. The day before the murder, September 20, 2004, Norteño member and methamphetamine dealer Gabriel Perez, along with his brother Eric, his cousin Michael Cole, and his friend Kristi Lopez, went to Sarmiento’s hotel room and forcibly took the keys to the Pontiac.
Gabriel Perez and his companions left in the car. Lopez drove. Lopez kept the car all morning on the 20th, dropping Gabriel Perez off at the residence of Gary Elizondo, aka “Chief.” Elizondo’s manor was 508½ West 16th Street, a half unit in the back of a house where people “hung out” to smoke methamphetamine.
Later in the day of the 20th, Lopez had the Pontiac at “Cadillac Dan” Vegas’ house, at 509 West 15th Street—the block behind Elizondo’s residence. Lopez called her friend Nicole Martin and asked her to come by to pick up two garbage bags containing stolen items, including checks and driver’s licenses. Lopez wanted Martin to store the bags in her apartment, which was in a guarded and gated complex. Martin went to Vegas’ house. Lopez retrieved the bags from the Pontiac.
About 10:00 p.m. on the 20th, Antioch Police Officers Wisecarver and Koch went to Elizondo’s house to investigate the theft of some checks. They met with Lopez and saw the white Pontiac. The officers also saw that Lopez was with a group of people which included defendant Anderson, Gabriel Perez, and his brother Eric.
Sometime after midnight or 12:30 the next morning—the morning of the murder—Gabriel Perez drove the white Pontiac from Elizondo’s house to the home of Joseph “Jo Jo” Watts, near downtown Antioch. Anderson was there, along with Eric Perez and “Filthy Phil” Makinano. Everyone at the house was smoking methamphetamine. Defendant Salazar called and asked to be picked up and brought over to Watts’ house. Eric Perez drove the white Pontiac to Elizondo’s house, possibly accompanied by Anderson, picked up Salazar, and took him to Watts’ house.
When Salazar arrived, he appeared agitated and paranoid: “Something was bugging him . . . something was on his mind.” He went from room to room with his revolver in hand, thinking that someone else was in the house. Watts was worried about whether Salazar was aggravated or frustrated. Gabriel Perez told Watts that he would take care of Salazar if he got out of control.
About two and a half hours later, in the early morning of September 21, 2004, Gabriel and Eric Perez, “Filthy Phil” Makinano, and both defendants left Watts’ home in the white Pontiac. They dropped Makinano off in Pittsburg at a drug haven known as “The Crack Shack.” Next they dropped Eric Perez off at Martin’s guarded and gated apartment complex in Pittsburg. A surveillance videotape shows the Pontiac entering the complex at 3:40 a.m.—about 50 minutes before the murder. The tape showed that Anderson appeared to be driving. Gabriel Perez signed the security check-in sheet.
After dropping off Eric, only Gabriel Perez and defendants were left in the car. According to a statement Gabriel gave police, Anderson was driving.
The surveillance videotape shows the white Pontiac leaving Martin’s apartment complex. Defendants drove Gabriel Perez to Elizondo’s house, where he had arranged to meet Stephanie Taylor.
Defendants, now with the white Pontiac all to themselves, drove to East Lake Drive where they accosted Stephens and murdered him. Not long after the murder, and after they changed clothes, abandoned the white Pontiac, and disposed of the murder weapon, defendants went to the home of Salazar’s girlfriend, Yamileh “Yami” Serrano.
Later that morning, Gabriel Perez awoke and called Salazar to find out the whereabouts of the white Pontiac. Salazar lied to him and told him the car—which defendants had abandoned near the crime scene—was downtown. Gabriel sent his brother Eric and Makinano downtown on bicycles to retrieve the car. They could not find it.
Salazar went to Cadillac Dan’s house and met with Gabriel, who confronted him about the missing car. Salazar’s behavior was suspicious, making Gabriel think Salazar had sold the Pontiac. Salazar told Gabriel Perez to stop looking for the Pontiac. Salazar also said that if he saw the car again he would “burn” it. Salazar admitted participation in the murder and attempted robbery to Gabriel Perez. Specifically, Salazar told Perez about his involvement and that Anderson and Stephens wrestled over the gun and the gun went off. Salazar told Gabriel not to tell anyone about the crimes, not even his brother Eric.
On the evening of the day of the murder, Anderson went to the home of “Tattoo Fernando” Flores to get a gang tattoo—apparently the word “Northern” above the initials “CAL,” i.e., “Crazy Ass Latinos.” “Little Fernando” Coria was at Flores’ house. Anderson told Coria about the murder and asked for his advice. Coria told Anderson he should not tell anyone about the killing; Anderson responded that he had already told eight people. Coria told Anderson to stop talking about the murder. Anderson left without getting his tattoo.
At 6:40 p.m. on the evening of the day of the murder, police went to Martin’s apartment and arrested Gabriel Perez on a probation violation. After four interviews, Gabriel told police that Salazar had admitted the murder and attempted robbery to him. Gabriel told police his disclosure of Salazar’s admission put his life in jeopardy, and he was nervous.
A week after the murder, the Contra Costa Times published an article naming defendants as suspects in the murder, and published defendants’ pictures. At that time, Anderson was staying with a friend, Michael Johnson, who saw the article. Anderson admitted the murder and attempted robbery to Johnson. Anderson told Johnson that Salazar had given him the gun; that he put the gun in Stephens’ side; that Anderson and Stephens struggled over the gun and Anderson shot Stephens; and after the shooting Anderson and Salazar changed clothes and got rid of the car. Johnson told Anderson he should turn himself in. Anderson surrendered to police in October 2004.
Salazar was apprehended in the early morning hours of October 3, 2004, after a lawful police pursuit unrelated to the murder.
Antioch Police Officer Thomas Lenderman qualified as an expert on street gangs, including the Norteño gang. In his expert opinion, based on several factors, both defendants were active members of the Norteño gang.
Defendants did not testify at trial. They presented expert testimony showing that the physical evidence linking them to the white Pontiac was inconclusive. Through counsel, they attacked the credibility of prosecution witnesses and claimed innocence. They assailed the identification testimony of Eby, and argued it was tainted by the newspaper photographs. They argued that most of the prosecution witnesses were not to be believed because they had prior convictions, poor memories due to drug use, inconsistencies in their testimony, and motivations to lie.
As we stated at the outset, we must view the facts in the light most favorable to the judgment of conviction, and presume in support of the judgment the existence of every fact which the jury could reasonably find from the evidence. The jury was the arbiter of the credibility of witnesses.
The jury convicted defendants of first degree felony murder, finding that defendants killed Stephens in the commission of attempted robbery. The jury also convicted defendants of attempted second degree robbery. With regard to both offenses, the jury found that defendants, as coprincipals in the murder, intentionally and personally discharged a firearm causing death (§ 12022.53, subds. (b), (c), (d) & (e)(1)). The jury also found that defendants committed both offenses for the benefit of the Norteño criminal street gang, with the specific intent to promote criminal conduct by gang members (§ 186.22, subd. (b)(1)). Finally, the jury convicted defendants of carrying a loaded firearm while a member of a street gang (§ 12031, subd. (a)(2)(C)).
The trial court sentenced each defendant to a principal term of life without the possibility of parole on the felony murder conviction. Pursuant to section 12022.53, subdivisions (d) and (e)(1), the court imposed a separate, consecutive term of 25 years to life on the firearm enhancement. And pursuant to a provision of the gang enhancement statute, section 186.22, subdivision (b)(5), the court ordered that defendants would not be eligible for parole until they served a minimum of 15 years. The court imposed sentences on the convictions for attempted robbery and carrying a loaded firearm, but stayed the sentences under section 654.
Picture of Anderson
