Closing Arguments Set Today In Gang Shooting Trial

KESQ.com News Services

INDIO -Closing arguments are scheduled today in the trial of a reputed gang member and a teenager accused in the death of a fellow gang member during a vehicle pursuit and shootout with California Highway Patrol officers in Desert Hot Springs.

Anthony Paez, 20, and Edgar Flores, 17, face charges of murder, attempted murder and shooting at an inhabited motor vehicle in the May 30, 2008, death of Alexis Melendrez-Acosta.

Paez and Flores face the murder charge because Melendrez-Acosta, killed by California Highway Patrol officers during a pursuit, died during the commission of an alleged felony.

Paez, who could be sentenced to 87 years to life in prison if convicted, also faces separate charges for allegedly shooting at CHP officers on May 23, 2008. Flores, who faces 39 years to life if found guilty for his alleged role in the second shooting, is also accused of being a gang associate and is being tried as an adult.

Deputy District Attorney Anthony Orlando said during opening arguments that Flores ignored CHP officers’ orders to stop the Honda he was driving at Cactus Drive and Desert View Avenue because he was not wearing a seat belt.

The prosecution has alleged that the right rear passenger leaned out the window and fired two shots, and CHP officers returned fire.

Other patrol units responded as Flores led officers on a chase through Desert Hot Springs, according to the prosecution. The officers also fired at the Honda, striking Melendrez-Acosta in the head — he died later at a hospital — and hitting Paez five times.

The pursuit covered more than 11 miles, with speeds ranging from 70 to 90 mph, according to Orlando.

Flores eventually crashed the Honda and fled with Paez to a home in the 16000 block of Via El Rancho. The pair eventually surrendered when tear gas was lobbed into the house, according to Orlando.

Flores’ attorney, Demitra Tolbert, said previously that Flores does not deny driving the Honda but denies he held or fired a gun. She said a .38-caliber revolver found in the back seat of the Honda was small enough to be hidden from her client’s view.

Nathaniel Shause, 20, testifying Monday for the defense, said he was standing in front of an apartment complex at 66789 Two Bunch Palms Trail that day when he heard sirens.

“I seen someone shooting at the cop car and I hit the ground,” Shause said.

Shause — who did not identify the defendants — testified he told police he was not sure whether the shooter was in the front or back seat — but “was more sure it was the front.”

The testimony means that Melendrez-Acosta, who was found with a gunshot wound to the head in the front passenger seat, opened fire on law enforcement.

The prosecution has alleged that Paez, who was in the back seat, was likely the shooter.

On Thursday, Riverside County Superior Court Judge Richard Erwood dismissed a felony count of burglary against both defendants.