Convicted killers could face death penalty for Indio carjack murder

Carlos Contreras, 34, and Daniel Cervantes, 35, were both found guilty of first degree murder and robbery in the May 7, 2008 killing of Daniel Kuzawa. Jurors found true special circumstance allegations of murder in commission of arobbery, kidnapping, and carjacking, making both men eligible for the death penalty.

Cervantes’ panel reached a decision on Feb. 5. However, in order to prevent the decision from influencing the Contreras case, both verdicts were read together.Contreras’ jury finally returned a verdict on Thursday after about two days ofdeliberations. The court doesn’tconduct trial proceedings on Fridays and was closed Monday for Presidents’ Day.

Kuzawa was found by a field worker. He had been shot at close range inthe head and chest on the dirt shoulder of Pierce Street south of AirportBoulevard. His wrists and neck were bound with electrical cable.

Deputy District Attorney Manny Bustamante alleged that Cervantes held agun on the victim, while Contreras tied up Kuzawa in his own truck as herepeatedly pleaded for his life.

Kuzawa’s credit card was used at a Shell station in Coachella early onthe morning of May 7. Surveillance video from the Fastrip station, where an ATMtransaction was traced, showed Kuzawa’s truck pulling up to the pumps.Cervantes, who was driving, got out to speak to Contreras, who was riding inanother vehicle, Bustamante said.

Contreras was arrested that night, after authorities stopped a vehiclein which he was a passenger. While trying to flee, he disposed of a gunbelieved to be the weapon used to kill Kuzawa, Bustamante said.

Cervantes told investigators he was present during Kuzawa’s ordeal buttried to minimize his involvement, the prosecutor said.

Contreras had gunshot residue on his hands and was in possession ofKuzawa’s wallet, a round of ammunition and a credit card belonging to a man heallegedly shot a few days before, the prosecutor said. He was also carryingKuzawa’s insurance and Costco cards, Bustamante said.

A search of the Coachella home where Contreras lived with his parentsturned up an ATM receipt from the Fastrip station and spools of cable of thetype used to bind Kuzawa, according to Bustamante.

Contreras’ attorney, Gail O’Rane, said in her closing argument thatfingerprints found on Kuzawa’s truck and the truck belonging to Walter Garrett — who he is accused of a shooting during a carjacking a few days before Kuzawawas killed — didn’t match Contreras’ fingerprints.

She also said there was one particle of gunshot residue found on each ofContreras’ hands, and an expert testified there was no way to tell forcertain that Contreras fired a gun.

“You can’t really determine what happened; the evidence doesn’t tellyou that. (The prosecution) is asking you to speculate and guess,” she toldthe jury.

She said evidence showed Cervantes, not Contreras, was connected to thecrimes, and there was “reasonable doubt” of her client’s involvement.

Cervantes’ attorney, John Hemmer, said his client told investigatorsthat he thought he and Contreras were hitching a ride with Kuzawa. He claimedContreras pulled out a gun and forced Kuzawa into his own truck. Later,Cervantes started driving, Hemmer said.

“You heard Mr. Cervantes (say) — `I didn’t tie him up, I was driving’… You heard Mr. Cervantes, `I was trying to get Contreras not to kill him, Itried,”‘ Hemmer said in his closing argument.

He said Cervantes “adamantly” denied shooting Kuzawa and DNA found onthe alleged murder weapon excluded his client as the shooter. The defenseattorney said there was also no evidence Cervantes tied up Kuzawa or trained agun on him. “So where was his participation?”

“(Kuzawa) just happened to be in the wrong place at the wrong time, andMr. Cervantes happened to be with the wrong person at the wrong time,”Hemmer told the jurors.

Contreras is accused of shooting Garrett in the jaw and shoulder andstealing his pickup truck near Dillon Road and Vista Del Sur in Coachella onMay 3, 2008. The pickup was later found burned in Indio.

On April 28, 2008, Contreras allegedly robbed a woman while she wassitting in her car in Palm Desert. He allegedly dropped Sandra Jaramillo off inthe Thermal area and threatened to kill her if she looked back, Bustamantesaid. The vehicle was later found abandoned in Coachella.

Cervantes is also accused of robbing and kidnapping a Thermal-area man,Diego Chavez, on May 11, 2008, and having another man’s check in his possessionwhen he was arrested on May 22. At the prosecution’s request, the judgedismissed allegations that Cervantes tied up and robbed a La Quinta man and hisfriend at the man’s home on May 4, 2008.