Monday, December 21, 2009

Wapato- jury out on shooting that hurt innocent teen

YAKIMA, Wash. — Jurors will resume deliberations this morning in the trial of a man accused of wounding an innocent teen during a gang-related shooting outside of Wapato.

The victim, Jose Salinas, then 16, continues to undergo medical treatment in Seattle from the injuries he received when the bullet slammed into his jaw, traveled down his spine and lodged near his kidneys.

Defendant Joshua Perez, 23, is charged in Yakima County Superior Court with two counts of first-degree assault and one count of unlawful possession of a firearm. The trial began Dec. 14.

The incident occurred Feb. 21 on Horschel and Hoffer roads outside Wapato.

Investigators said the shooting followed a confrontation between gang rivals as one side was holding a birthday party for a young girl. Salinas lived in a nearby house, and Perez had lived at his grandmother's house on Horschel Road for several years, authorities said.

There were no eyewitnesses who pointed to Perez as the one who shot Salinas. Authorities identified Perez as the suspect in part because of a statement by a woman attending the birthday party, Mayra Corona, who was also the victim named in the first assault count.

Another witness testified that Corona came into the house where the party was being held soon after the confrontation and said, "That scrap, Josh Perez, shot me."

"Scrap" is a derogatory term used by red-wearing gang members -- historically known in California's Hispanic gang world as Nortenos -- to refer to their blue-wearing rivals, known as Surenos.

Perez's gang-related tattoos include the word "Sureno" above his left eyebrow.

As it turned out, Corona was not wounded, and she had to be brought into court under a material witness warrant.

Prosecution witnesses testified that Corona, known to have gang ties, had asked Perez to identify himself as he and several others were walking along the road in front of the house where the party was taking place.

The first round of shots soon followed in front of the house.

Salinas' brother, Sergio, testified that a second round of gunfire came from the doorway of Perez's grandmother's home. One round struck Jose Salinas, who was inside his house.

Perez's DNA was found on a beer can tossed alongside the road, and several .357-caliber casings and live rounds were found in the front yard of the Perez home.

While acknowledging that Corona did not come across as a star witness, deputy prosecutor David Soukup asked the jury to consider the state's entire case in order to reach a guilty verdict.

"It's a sequence of events that you can see makes sense, especially in the context of the gang," he said in his closing argument.

Defense attorney Amanda Stevens blasted the prosecution's entire case as "hearsay statements, allegations and speculations." She suggested to the jury that detectives had settled for the "quick and convenient" suspect rather than ruling out other possibilities.

She called Perez's sister, Tasha Perez, to testify that she was at the house with her grandmother and other relatives, but not her brother, when the shooting broke out.

Among other points, she questioned whether Sergio Salinas could have seen the muzzle flashes he described as coming from the doorway of the Perez home.

"Or is he wanting justice for his brother, just as any brother would?" she said.

Perez did not testify.



* Mark Morey can be reached at 509-577-7671 or mmorey@yakimaherald.com.

http://www.yakima-herald.com/stories/2009/12/21/jury-out-on-shooting-that-hurt-innocent-teen

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