> ## Content Index > Fetch the complete content index at: https://www.smdp.com/llms.txt > Use this file to discover other available public pages before exploring further. # Mistaken identity - URL: https://www.smdp.com/mistaken-identity/ - Published: 2007-01-17T16:00:00.000Z - Updated: 2026-10-23T23:50:42.000Z - Author: Kevin Herrera - Tags: Crime, Santa Monica Airport, #archive-import *Stepfather says he believed officers were gang members* AIRPORT COURTHOUSE The stepfather of a 21-year-old Santa Monica man charged with the attempted murder of two undercover police officers testified Tuesday that he believed the officers were gang members looking to kill him, and that may have been the reason why they were attacked. Richard de la Cruz, who was called to the stand by the judge, also testified that his stepson, Michael German Espindola, could not have been the shooter because he saw Espindola inside the family’s apartment just as shots were fired outside the front door. The man responsible for firing at least three shots at the officers is Espindola’s cousin, who was with de la Cruz as the two walked from their van to the apartment, the stepfather said. “I was halfway to my apartment when I heard a gunshot,” the 33-year-old de la Cruz said. “I tried to duck, and as I looked up, I could see through (the apartment) window and saw Michael. He jumped up and ran (from his computer).” Defense Attorney David Diamond pressed de la Cruz about his recollection of the shooting, an incident that lasted just a few seconds. “Are you confident that (Espindola’s cousin) is the shooter?” Diamond asked. “Yes,” de la Cruz said. “Do you have any reason to lie?” Diamond asked. “No,” de la Cruz replied. The shooting occurred in the early morning hours of Feb. 2, 2006. Undercover officers with the Santa Monica Police Department were following a van being driven by de la Cruz on Pico Boulevard after receiving a call from their commander that the van was parked suspiciously at Ralph’s supermarket, on Cloverfield and Olympic boulevards, just a few minutes earlier. The two undercover officers were assigned to robbery suppression and were wearing street clothes and driving an unmarked vehicle, police said. Fearing for his life, de la Cruz said he drove quickly down Pico Boulevard and turned onto 17th Street. He said he parked his van and began to walk inside. When the officers turned onto 17th Street from Pico Boulevard, a Latino male popped out from behind the van and opened fire, sending three bullets into the officers’ car, according to police. One of the.38-caliber bullets struck the officer driving the vehicle in the right wrist. Both he officer in the passenger’s seat of the unmarked car and another officer who saw the van parked at the Ralph’s have identified Espindola as the shooter. He was arrested and charged with attempted murder. Espindola was also charged with two counts of assault with a firearm, and one count of firing at an occupied vehicle. In addition, the complaint against Espindola, who was at one time a member of a local Santa Monica gang known as SM17, alleges the attempted murder was to further the activities of a criminal street gang. Espindola has plead not guilty to the charges and is being held on $2.4 million bail. If convicted, he faces up to life in prison, according to the Los Angeles County District Attorney’s Office. In a rare move, it was Los Angeles Superior Court Judge Antonio Barreto Jr. that called de la Cruz to testify. Barreto said he was looking for clarification from the stepfather as to what he believed happened before, during and after the shooting last February. The judge allowed both sides to question de la Cruz. It is the defense’s claim that Espindola was at home downloading music and watching racy videos on his computer at the time of the attack on the officers, and that it was his cousin, now living in Washington state, who committed the crime. During questioning by the defense, de la Cruz said that while he saw Espindola in the apartment, he did not turn around to see who was shooting at the officers. But, he is confident that it was Espindola’s cousin. A gun that was linked to the shooting through ballistics was found in Espindola’s apartment. However, no DNA evidence was found and no fingerprints were recovered that could link Espindola to the weapon. The prosecution alleges Espindola was the shooter and that the absence of fingerprints is common, presenting an expert witness who testified earlier in the now nearly two-week long trial that fingerprints are found on only roughly 5 percent of weapons recovered. Deputy District Attorney Frank Tavelman also called one of the officers who was targeted. The officer testified that Espindola was the shooter. Another officer said he saw Espindola riding in the van with de la Cruz minutes before the shooting. During opening statements, Tavelman suggested Espindola fired at the officers because he wanted to get back in favor with his gang after helping police in an investigation into a double murder at the Moose Lodge in Santa Monica. Tavelman also said Espindola may have fired because he thought the officers were rival gang members looking to kill him. As with the Espindola’s mother, who testified last week that her son was at home at the time of the shooting, the prosecutor tried to discredit de la Cruz by bringing up inconsistent statements he made in a pre-trial hearing and during his testimony in court. Several times de la Cruz could not recall the names of people he was in contact with in the hours before the shooting, nor was he sure as to what time the attack occurred. Testimony is expected to continue today, with closing arguments coming in the afternoon or Thursday morning. *Originally published in the Santa Monica Daily Press print edition on January 17, 2007.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/011707.pdf?ref=smdp.com)