SANTA CRUZ — A felony gang shooting trial expected to pit two lifelong friends against each other kicked off with attorneys’ opening statements Monday.
Projecting an aerial photograph of the Santa Cruz beaches and nearby neighborhoods, as seen from the ocean, prosecutor Ilia McKinney described an idyllic Santa Cruz summer afternoon, with “everyday people” out enjoying the beach, a backyard barbecue or other mundane activities.
Several families leaving a children’s play on a June 2019 afternoon in Santa Cruz’s Circles neighborhood were among those who McKinney said were “completely oblivious to the danger that without warning erupted around them” in the form of a barrage of gunfire in a drive-by shooting. As with subsequent shooting incidents in July on Barson Street and August on Chestnut Street, no bystanders were injured, though there were several reported close calls. It was not until the final shooting, on Aug. 3, 2019, that defendant Enrique Rocha, accused of involvement in all three events, was himself shot in the lower torso, allegedly when the target of his shooting shot back.
“You’re going to see how the defendant’s priorities crashed violently into the lives of everyday citizens and business owners who were just going about their days, enjoying summertime in Santa Cruz,” McKinney said. “It’s going to be clear to you just how many victims there are in this case — not just the ones who were the target of the bullets.”
Rocha, 23, is facing 20 felony charges and a spate of criminal enhancements related to the three shootings around Santa Cruz in the summer of 2019 plus gang graffiti in Live Oak the year before. While held in lieu of $1.4 million bail in Santa Cruz County Jail since 2019, Rocha picked up additional criminal charges related to his alleged use of a shank to attack a fellow gang member who allegedly had expressed a desire to drop out of the gang.
Codefendant turns witness
His former codefendant, Michael Day, 22, of San Jose, pleaded no contest on Nov. 10 to felony charges of attempted murder, unlawful possession of a firearm with a prior juvenile conviction, assault with a firearm, participation in criminal gang activity and an enhancement for use of a firearm in the commission of a felony. This month’s change of plea, related to the July and August shootings, came ahead of trial and as part of a deal with the Santa Cruz County District Attorney’s Office, in exchange for a 15-year prison sentence and an agreement to testify against Rocha. Sentencing in Day’s case has been pushed out to Jan. 13.
Defense attorney Jeffrey Stotter warned the jury that this case was not like the television show “The Sopranos” or “The Godfather” movie, though he was quick to dub former codefendant Day as “Mikey the Rat.” Stotter said it would not require much testimony to establish the fact that there were three Santa Cruz shootings in the summer of 2019. Stotter, his client, was among “kids” who “did some stuff, he hung out” with friends during gang tagging on a Live Oak business wall in 2018.
“There is no evidence, no evidence, other than the testimony of a rat, that says that my client committed any of the shootings,” Stotter said. “You will hear evidence that this young man, from too young an age, hung around with people involved with gangs, was involved with older and more sophisticated gang members.”
Testimony was scheduled to resume Tuesday morning before Santa Cruz County Superior Court Judge Paul Burdick.
