Prosecutors Claim Murder Happened At Gang Party

INDIO -Four men were at a gang party in Indio when they shot and killed a man who drove to their gang’s territory to buy drugs, a prosecutor said today.

Attorneys gave opening statements today in the trial of Victor Garcia, 34, Roberto Rodriguez, 25, Juan Tagle, 24, and Armando Zabalza, 23. The men could face life in prison without the possibility of parole if convicted in the March 16, 2006, murder of Marcos Esqueda Jr.

Esqueda and his friend, Gloria Rodarte, drove to Cardinal Avenue and Bobolink Street to buy drugs that day, according to Supervising Deputy District Attorney Rosalind Miller.

“Rodriguez said to the victim, `Where are you from?”‘ Miller said, adding that those words can be “sinister” in gang territory.

“It’s a very common gang challenge,” the prosecutor said. When Rodriguez demanded the victim’s cash and car, “(Rodarte) said to Marcos, `Go, get out of here,”‘ Miller said.

The prosecutor said a witness saw Rodriguez pull out a gun. Miller also told the panel they will hear testimony from another witness who saw two defendants pull out guns and start shooting.

“Marcos put the car in gear and stepped on the gas, but it was too late,” she said.

Rodarte fled unharmed, but Marcos was shot through the neck and died.

The prosecutor said she would explain the philosophy of the gang and its violent history.

She showed the panel a handwritten version of the gang’s mantra: “Indio, Indio, Murderville. If the heat don’t kill you, we will.”

Miller held up a enlarged copy of a drawing found in Garcia’s home, which shows the gang’s name with street signs in the background. The street names are the same as the location of the murder, she said.

The men’s attorneys have argued that there is little corroborating evidence outside of two witness statements that put the defendants at the scene of the shooting.

Zabalza’s attorney, Jose Rojo, argued that no gunshot residue was found on his client’s hands. He said a gun found in Zabalza’s car had not been fired, and its ballistics did not match those of the bullets fired at the scene of the slaying.

The attorney said Zabalza was born into the gang’s neighborhood and has no criminal record.

“You will find there is nothing criminal about his association with gang members,” Rojo said.