Indictments handed down in shooting cases
Charges dropped against one individual involved in gang gunfight
By JESSICA KELLER
ARGUS OBSERVER
Sunday, August 31, 2008 12:36 AM PDT
ONTARIO—A Malheur County grand jury Friday handed down indictments for murder and a number of other charges to three men police assert were involved in two separate deadly shootings last weekend, while the case against a fourth man involved in one of the shootings was dismissed.
The three remaining men, however, were arraigned Friday afternoon in circuit court and plea hearings were scheduled.
Armando Torres Jr., 25, Ontario, and Oscar Garcia III, 23, Nyssa, were indicted in connection with the gang-related shooting death of Rudy Mata, 25, Ontario, and injuries to his brother, Gonzalo Mata, 26, Ontario, Aug. 23, at the Fair View Apartments in Ontario.
Marcos Delafuente, 34, Ontario, was charged separately in the shooting death of his girlfriend Apolonia Deleon, 20, Nyssa, last Sunday at Delafuente’s residence in Ontario.
The original charges against Gonzalo Mata in connection to the gang shoot-out Aug. 23 were dropped.
Malheur County Deputy District Attorney Erin Landis said the D.A.’s office dismissed the charge of unlawful use of a firearm filed through information earlier this week against Gonzalo Mata before presenting the case to the grand jury.
Landis said after reviewing the information and evidence gathered it was apparent to the D.A.’s office there wasn’t sufficient information to charge Gonzalo Mata with any crime in regard to the shooting.
“Looking at the information before us, it was pretty clear Mata was not the aggressor,” Landis said, adding, instead, all information and evidence indicated Gonzalo Mata acted in self defense, which was his right.
“Everyone has a right to defend themselves,” Landis said.Instead, he said, the D.A.’s office proceeded with the cases against Torres and Garcia.
“The evidence essentially was they were the aggressors in the situation,” he asserted.
The grand jury indicted Torres on one count of murder, one count of attempted murder, two counts of conspiracy to commit murder and one count of felon in possession of a firearm.
Garcia was indicted on all those charges and an additional count of unlawful possession of methamphetamine, Landis said.
Malheur County Circuit Court Judge J. Burdette Pratt set the security on each for a $1 million bond or $100,000. Torres will enter a plea at 11 a.m. Oct. 1, and Garcia’s plea hearing is set for 11:30 a.m. Oct 1.
Delafuente was also indicted and arraigned Friday.
While he was originally charged with one count of first degree manslaughter through information by the D.A.’s office, the grand jury indicted him on one count of murder.
“The evidence supported the murder charge, and they went ahead and charged that,” Landis said.
Delafuente is set to enter a plea at 9:30 a.m. Sept. 15 in Malheur County Circuit Court. Landis said Pratt set Delafuente’s bond at $1.5 million or $150,000 cash.
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guns and gangs dont mix wrote on Sep 19, 2008 11:22 AM: