DAN Dow DISTRICT A1T0RNEY 0F - California

Transcription

DANDowDISTRICT A1T0RNEYSTATE BAR # 237986COUNTY 0F SAN LUIS OBISPOCOURTHOUSE ANNEX, 4TH FLOORSAN LUIs OBISPO, CA 93408TELEPHONE: (805) 781-5800NOV 3 0 2020SUPERIOR COURT OF CALIFORNIACOUNTY OF SAN LUIS OBISPO 5mm.DEPARTMENTBYIL. Ramlrez, Deputy ClCOURT CASE NO. F491809002THE PEOPLE OF THE STATE OFCALIFORNIAAMENDED INFORMATIONP aintiff,IVS.DAVID RODRIGUEZ HERNANDEZDOB: 12/29/1 975 ID NO. D000389569AKA DAVID HERNANDEZ, DAVID RAMOSDA CASE NO. 079-559729EDGAR ONTIVEROSDA CASE NO. 079-559730HERNANDEZDOB: 03/09/1 995 ID NO. D000401413AKA EDGAR * ONTIVEROS, EDGARONTIVEROS, HUERODA CASE NO. 079-559731LOUIS HENRY MADRIGALDOB: 01/19/1994 DNO. D000391138-AKA FLACO, CUATESALEJANDRO ANGUIANODA CASE NO. 079-559732 DOB: 05/13/1994 ID NO. D000401414AKA ALEJANDRO ANGUIANO, BURBUJAS,ALEJANDRO BENJAMIN ANGUIANODefendants.PAGE-Appearance Date:1-AMENDED INFORMATIONmun

The District Attorney of the San Luis Obispo County, Ca ifornia, hereby accuses theabove named defendants of the following criminal offenses:Count‘lOn or about February 23, 2013, in the County of San Luis Obispo, State ofCalifornia, the crime of Murderinviolation of PC187(a), a Felony, was committed in thatDAVID RODRIGUEZ HERNANDEZ and EDGAR ONTlVEROS and LOUIS HENRYMADRIGAL and ALEJANDRO ANGUIANO did unlawfully, and with malice aforethoughtmurder Victor Hugo Sanchez, a human being.Enhancementlt is further1alleged that Victor Hugo Sanchez was killed during the commission andattempted commission of a felony, to wit, kidnapping and thatEDGAR ONTlVEROS wasthe actual killer of Victor Hugo Sanchez within the meaning of Penal Code section189(e)(1).Enhancement 2lt is furtheralleged that Victor Hugo Sanchez was killed during the commission andattempted commission of a felony, to wit, kidnapping and that DAVID RODRIGUEZHERNANDEZ and EDGAR ONTlVEROS and LOUIS HENRY MADRIGAL andALEJANDRO ANGUIANO were major participantsin thatkidnapping and acted withreckless indifference to human life within the meaning of Penal Code sections 189(e)(3)and 190.2(d).Enhancement 3Itis further alleged that in the commission of the foregoing offense, the defendantONTlVEROS, personally used and intentionally and personally dischargedEDGARa firearm, andproximately caused death, as defined in Penal Code section 12022.7, to a person otherthan an accomplice, within the meaning of Penal Code section 12022.53(d).NOTICE: The above offense is/a serious felony within the meaning of Penal Code Section1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c).PAGE -2 AMENDED INFORMATION

Conviction of this offence or enhancement will disqualify you from sentencing pursuant toPenal Code section 1170(h).Count 2On or between October 5, 2012 through February 23, 2013, in the County of San LuisObispo, State of California, the crime of Conspiracy To Commit A Crime in violation 'ofPC182(a)(1), a Felony, was committedinthat DAVID RODRIGUEZ HERNANDEZ andEDGAR ONTIVEROS and LOUIS HENRY MADRIGAL and ALEJANDRO ANGUIANOdidviol‘ation of Section 207 of the Penal Code, a felony; that pursuant to and for the purposeLof carrying out the objectives and purposes of the aforesaid conspiracy, the saiddefendants committed the following overt acts, one or more of which took place\\\unlawfully conspire together and with another person to commit the crime'of Kidnapping, inCounty of San Luis Obispo:the1On or about a date between October 5, 2012 and November 30, 2013, Maria Del Carmen. \\‘ \Overt ActinGranados Fajardo met David HernandezinCeres, CA and offered to pay money to haveVictor Hugo Sanchez seriously injured.NNMadrigal, and Alejandro Anguiano in Modesto, CA and discussed hiring Edgar Ontiveros,Louis Henry Madrigal, and Alejandro Anguiano to kidnap and injure Victor Hugo Sanchez.NOn or about February 22, 2013, David Hernandez met with Edgar Ontiveros, LoUis HenryNOvert Act 2On or about February 22, 2013, Edgar Ontiveros obtained firearms to be used during thekidnapping of Victor Hugo Sanchez.NNNNNOvert'Act 3PAGE - 3 AMENDED INFORMATION

Overt Act 4On or about February 22, 2013, David Hernandez drove Edgar Ontiveros, Louis HenryMadrigal and Alejandro Anguiano to Paso Robles.Overt Act 5On or about February 22, 2013, David Hernandez pointed out the residence of Victor HugoSanchez to Edgar Ontiveros, Louis Henry Madrigal and Alejandro Anguiano, showed themwhere to park during the commission of the kidnapping, and showed them an egress routeto take after they kidnapped and injured Victor HugoSanchez.Overt Act 6On or about February 22, 2013, David Hernandez paid for a motel room for EdgarOntiveros, Louis Henry Madrigal, and Alejandro Anguiano in Paso Robles, CA.Overt Act 7On or about February 23, 2013, David Hernandez supplied Edgar Ontiveros, Louis HenryMadrigal, and Alejandro Anguiano with a car, to wit, a Honda Accord.Overt Act 8On or about February 23, 2013, Mara Del Carmen Granados Fajardo purchased windowtinting for the Honda Accord.Overt Act 9On or about February 23, 2013, David Hernandez, Edgar Ontiveros, Louis Henry Madrigaland Alejandro Anguiano applied window tinting to the rear windows of the Honda Accord.Overt Act1OOn or about February 23, 2013, Edgar Ontiveros, Louis Henry Madrigal and AlejandroAnguiano drove to Victor Hugo Sanchez’s residence.PAGE-4—AMENDED INFORMATION

Overt Act11On or about February 23, 2013, Edgar Ontiveros, Louis Henry Madrigal and AlejandroAnguiano confronted Victor Hugo Sanchezinthe parking lot of his residence in PasoRobles, CA.Overt Act 12On or about February 23, 2013, Edgar Ontiveros shot Victor Hugo Sanchez with ahandgun in the parking lot of Victor Hugo Sanchez’s residence.Overt Act 13On or about February 23, 2013, David Rodriguez Hernandez received a phone call fromEdgar Ontiveros, Louis Henry Madrigal and Alejandro Anguiano informing him that the jobwas done. David Rodriguez Hernandez met the three men to verify their completed job.Overt Act 14On or about February 23, 2013, David Hernandez drove Edgar Ontiveros, Louis HenryMadrigal, and Alejandro Anguiano back to Modesto, CA.Overt Act 15On or about February 23, 2013, Maria Del Carmen Granados Fajardo paid 8,000.00 incash (through an intermediary) to David Hernandez.Overt Act 16On or between February 23 and February 24, 2013, David Hernandez paid EdgarOntiveros 2000.00incash.NOTICE: Conviction of a conspiracy to commit any serious felony within the meaning ofPenal Code Section 1192.7(c) or any crime specified in Penal Code Section 290 willdisqualify you from sentencing pursuant to Penal Code Section 1170(h).PAGE-5—AMENDED INFORMATION

Count 3.On or abbut October 6, 2012, in the County of San Luis Obispo, State of California, thecrime of Second Degree Robbery in violation of P021 1, a Felony, was committed in thatDAVID RODRIGUEZ HERNANDEZ did unlawfully, and by means of force and fearvtakepersonal property from the person, possession, and immediate presence of Victor HugoSanchez.NOTICE: The above offense is a violent felony within the meaning of Penal Code 667.5(c).NOTICE: The above offense is a serious felony within the meaning of Penal Code Section1192.7(c).Count 412On or about October 6, 2012, in the County of San Luis Obispo, State of California, the13crime of Assault With14A Deadly Weaponin violation ofP0245(a)(1), a Felony, wascommitted in that DAVID RODRIGUEZ HERNANDEZ did willfully and unlawfully'commit1516an assault upon Victor Hugo Sanchez with a deadly weapon, to wit,A TIRE IRON.17NOTICE: The aboVe offense is a serious felony within the meaning of Penal Code Section181192.7(c).Count 51920212223242526On or about February 23, 2013, in the County of San Luis Obispo, State of California, thecrime of voluntary Manslaughter in violation of PC192(a), a Felony, was committed in thatDAVID RODRIGUEZ HERNANDEZ did unlawfully, and without malice kill’Victor HugoSanchez, a human being, upon a sudden quarrel and heat of passion.NOTICE: The above offense is a serious felony within the meaning of Penal Code Section1192.7(c).2728PAGE - 6 AMENDED INFORMATIONA

EnhancementIt isfurther alleged as to count 5 that in the commission and attempted commission of theabove offense, the said defendant, DAVID RODRIGUEZ HERNANDEZ, personally used arearm(s),to wit: a handgun, within the meaning of Penal Code section 12022.5(a) alsocausing the above offense to become a serious felony pursuant to Penal Code section1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8).PAGE -7AMENDED INFORMATION

Contrary to the form, force and effect of that statute in such cases made and provided andagainst the peace and dignity of the people of the State of Califcrnia.Dated: November 30, 2020DAN DOWDISTRICT ATTORN EYBy:KRISTY L. IMELDEPUTY DISTRICT ATTORNEYPAGE 8 AMENDED INFORMATION—

’a”,"xii.'ttCha’r'gé-iv PC12022.53(d)PC182(a)(1)r2SUMMA RY;.;Check CodeState Prison .-.DaVid RodriguezHernandez and EdgarOntiveros and LouisHenry Madrigal andAlejandro AnguianoDavid RodriguezHernandez and EdgarOntiveros and LouisHenry Madrigal andAlejandro AnguianoDavid RodriguezHernandez and EdgarOntiveros and LouisHenry Madrigal andAlejandro AnguianoDavid RodriguezHernandez and EdgarOntiveros and LouisHenry Madrigal andAlejandro AnguianoDavid Rodriguez.2-3-5 StatePrisonP0245(a)(1)2-3-4 StatePrisonA'P0211(JOAANA— ‘P01 ans)gs"?KCheck Code,3:n-iPiJAffvetiiEPAGE 9 AMENDED INFORMATION—,f ��‘

davidrodriguezhernandez dacaseno.079-559729 dob:12/29/1975idno.d000389569 akadavidhernandez,davidramos hernandez edgarontiveros dacaseno.079-559730 dob:03/09/1995idno.d000401413 akaedgar*ontiveros,edgar ontiveros,huero louishenrymadrigal dacaseno.079-559731 dob:01/19/