Retrial set for gang member accused of murdering Banning neighbor

BANNING, Calif. (KESQ) - A July 7 retrial date was confirmed today for a gang member accused of joining a cohort in fatally stabbing a Banning man and wounding the victim's stepson.  

Jerry Anthony Valdepena Jr., 29, allegedly joined Jerry Anthony Chagolla in the 2016 slaying of 26-year-old Jeremy Cooley.   

Last month, a Riverside jury was unable to reach unanimous verdicts on one count of first-degree murder, two counts of assault with a deadly weapon, a special circumstance allegation of killing for the benefit of a criminal street gang and sentence-enhancing allegations of using a deadly weapon in the commission of a felony. A mistrial was declared, and the case was sent back to the Banning Justice Center.  

During a status hearing Friday, Riverside County Superior Court Judge Rene Navarro conferred with the prosecution and defense regarding scheduling, and both sides agreed to prepare for retrial proceedings in early July.

Valdepena remains held without bail at the Smith Correctional Facility.   

Chagolla, 34, was convicted in 2019 of charges identical to Valdepena's and was sentenced in February 2021 to life in prison.   

According to the District Attorney's Office, Cooley, his wife, identified in court documents only as "N.V.," her two sons from a previous relationship and the couple's newborn daughter moved into a rental home in the 400 block of Alessandro Street in late spring 2016. They soon discovered a residence across the street was "an active gang" gathering place for the Eastside Banning SAPOs.

The couple encountered hostile gang members, according to the prosecution's trial brief.

Shortly after midnight on June 5, 2016, Chagolla, Valdepena and others were partying, playing loud music and engaging in other activity, according to court papers. Cooley and N.V. sat on their front porch to drink beer and casually observe the defendants and their friends.

N.V. later told Banning Police Department detectives that she stepped into the house to check on the baby, leaving Cooley alone. According to a police statement, during that period, Cooley walked into the yard to request that partygoers lower the noise level.

The defendants became incensed, jumping into Cooley's face and challenging him to fight, which N.V. witnessed as she stepped back outside, according to the brief.

The woman's then-15-year-old son, identified in court documents only as "Edgar," was drawn outdoors by the yelling. N.V. attempted to intervene, "telling the two men that they were a family and had small children inside the house,'' the brief stated.

She then asserted, "This is not the first time you guys have tried to (gang) bang on us,'' prompting Valdepena and Chagolla to direct Cooley to "get your lady in the (expletive) house so we can handle this,'' according to the prosecution.

"One of the defendants also said, 'You're going to catch this fade, or you're going to catch a hot one, meaning that Jeremy was going to fight them, or they were going to do something worse to him, like shoot him,'' the brief said.

Valdepena and Chagolla then jumped Cooley, pulling knives on the unarmed victim, prosecutors alleged.

When N.V. tried to help her husband, an unidentified woman ran out of the party house and pulled her to the ground, the brief said. When Edgar tried to get into the fray, Valdepena allegedly turned toward him with a five-inch blade, but tripped on a rut in the grass, falling onto his back. Edgar outweighed the defendant and jumped on him, intending to pin him down to prevent his aiding Chagolla in the assault on Cooley, according to court papers.

However, Valdepena began stabbing and slashing the teenager, inflicting wounds to his shoulders and across his chest, causing the boy to roll away, the brief alleged.

"Valdepena then joined Chagolla in his attack on Jeremy,'' the narrative said.

The victim broke away and stumbled into his home, bleeding profusely, after which the defendants fled, according to the brief.   

N.V. called 911.   

Cooley was taken to Desert Regional Medical Center in Palm Springs, where he was pronounced dead on arrival. An autopsy revealed 24 stab wounds throughout his body. Edgar was also treated there, receiving 26 staples to close his knife wounds, from which he recovered.

Detectives identified Chagolla as one of the perpetrators 10 months later, culminating in his trial and conviction. Valdepena's involvement was not confirmed until he was positively identified almost five years later.  

Court records show he has a prior conviction for felony evading.