Jurors deadlocked 18 years after DHS killing

Jurors deadlocked today in the trial of a Desert HotSprings man accused of taking part in a gang-related shooting that killed a 17-year-old boy and wounded his friend more than 18 years ago.

Ian Davis Hudgins, 36, is accused in a Dec. 21, 1994, shooting thatkilled Jahi Collins and wounded the teen’s friend, Bobby Wilson, while they satin a car at Wardman Park in Desert Hot Springs.

Jurors had been deliberating since May 22, but failed to come to aunanimous consensus on the charges against Hudgins — one count each of first-degree murder and attempted murder, with gang activity enhancements and aspecial circumstance allegation of lying in wait.

The deadlock prompted Riverside County Superior Court Judge Jeffrey L.Gunther to tell jurors he would grant the prosecution’s request for morearguments tomorrow, then ask the panelists to continue deliberating. He saidjurors indicated they were split 6-6.

The judge said the law allows for more argument from both sides in suchcases, and jurors “may well benefit from a night of contemplation.”

Riverside County Deputy District Attorney Pete Nolan said in closingarguments last week that gang leader Emilio Avalos and Collins had fought atPalm Springs High School a few weeks earlier and that Collins had “gotten thebetter” of Avalos. The park was also in the territory of the West Drive Locos,a Desert Hot Springs gang Avalos helped start, according to Nolan.

Avalos was convicted in Collins’ murder last year and is on death rowfor killing 20-year-old Marine Cpl. Henry Lozano in Desert Hot Springs in 2001.His alleged associate, Sergio Padilla, was charged in Collins’ death but hasn’tbeen brought to trial, according to court records.

“(Collins and Wilson) were attacked when they were the mostvulnerable,” Nolan said. “… Jahi Collins never had a chance.

Nolan said that Hudgins admitted he drove around with Avalos and Padillathat night, and Avalos’s girlfriend said he told her he committed the crimewith Hudgins and Padilla. The prosecutor said Hudgins testified there was “noconversation” about the shooting “but we know he drove them there — that’swhy Emilio Avalos gives him credit for participating.”

He said Hudgins testified that the three drove to 7-Eleven and had 19years and a trial’s worth of testimony “to formulate his story.”

“He had to make something up because he’s lying to you. He was inWardman Park … He was the person who backed up Emilio and Sergio,” accordingto Nolan.

Hudgins’ attorney, Naomi Coady, said the physical evidence showed thatthe shooters entered the park on foot, not in a vehicle, and that Wilson and awoman who was in the park didn’t see a vehicle in the park immediately beforethe shooting. She said Avalos’ girlfriend was correct that Hudgins had drivenPadilla and Avalos around that night but that it was earlier in the evening.

She said the prosecution had to prove that her client knew Padilla andAvalos intended to commit the crime.

“There’s no evidence at all as to Ian Hudgins’ knowledge of what wasabout to transpire that night,” she said, adding that evidence also showedthat Hudgins didn’t help Padilla and Avalos.

Coady said Hudgins, Avalos and Padilla went to the park to smoke pot,but there were other people there, so they left. Hudgins dropped the other twooff and went home, “smoked a joint and watched TV,” according to Coady.

Avalos and Padilla returned to the park on foot, snuck up on and shotCollins and Wilson and left on foot. Investigators found footprints in thearea, but no tire tracks, she said.

“Physical evidence is the most important thing in this case because itshows Ian Hudgins wasn’t the driver at the time of this crime,” she said.

She said Hudgins also confessed to other crimes, like committing aburglary when he was 16. Regarding the shooting, she said, “Ian Hudgins didn’tknow what would happen that night. Nobody told him.”