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# SM teen to stand trial for murder
- URL: https://www.smdp.com/sm-teen-to-stand-trial-for-murder/
- Published: 2005-09-22T15:00:00.000Z
- Updated: 2026-10-23T07:48:30.000Z
- Author: Ryan Hyatt
- Tags: Crime, Santa Monica, #archive-import

*Accused teen faces life behind bars*

LAX COURTHOUSE — The teenager accused of killing another Santa Monica teen will have his fate decided by a jury, it was decided on Wednesday.

Superior Court Judge James R. Dabney felt that prosecutors provided adequate evidence for Matthew Felix Vargas, 18, to stand trial for the fatal shooting in September of 2003\. This despite the defense’s contention that Vargas can’t be placed at the scene around the time police say Jalonnie Carter was gunned down.

Carter, 19, was shot in the back with a.22-caliber gun in the 1800 block of 20th Street while walking through an alley on Sept. 2, 2003\. Police believe the shooting occurred at 5:41 p.m. The bullet pierced Carter’s heart, and he died a few hours later at a local hospital — the lone homicide in Santa Monica that year.

In addition to first-degree murder, Vargas also faces five counts of sexual assault for a rape he allegedly committed on Nov. 21, 2004, involving a 13-year-old girl. Vargas, who was 17 at the time of the alleged rape, also faces one count of fleeing an officer who attempted to question him, according to the DA’s complaint.

Vargas, who has pleaded not guilty to all of the charges, faces life in prison plus 43 years if found guilty, according to prosecutors.

Belinda Ramos, Vargas’ mother, insists her son isn’t responsible for the crimes with which he’s been accused.

Vargas was being detained at a juvenile detention facility in Sylmar on April 7, where he was awaiting trial for the rape charges, when Santa Monica police detectives arrested him for Carter’s murder.

Shortly after the fatal shooting, police arrested a neighbor in connection with the murder, but the DA’s office dropped the charges due to a lack of evidence.

Carter is described by family and friends as a hard-working young man who was studying for a career in computers while working two jobs.

Carter’s father, Larry Joseph, who attended Wednesday’s proceedings, said he hopes justice is served in the trial.

According to the DA’s office, Vargas is being tried as an adult on both the rape and murder charges. That he will likely be tried for both crimes at the same time is coincidence, prosecutors said, since the rape case was postponed by Vargas’ defense attorney.

Wednesday’s proceedings were a continuation from Monday, when the court heard from five witnesses who testified in the case.

Detective John Henry with the Santa Monica police was cross-examined by Sheldon L. Levitin, Vargas’ attorney. Afterward, attorneys argued their cases as to why they felt Vargas should or should-n’t be tried for murder.

Vargas appeared in court with a shaved head. He wore a blue L.A. County Jail jumpsuit. During the proceedings, he sat next to his attorney, occasionally clicking a pen and glancing back at his mother and a dozen family and friends who had come to support him.

WITNESSES WEIGH IN One of the witnesses, a 19-year old woman, testified on Monday that she was driving Vargas and his girlfriend on the day of the murder along 20th Street at approximately 3 p.m.

She claimed Vargas may have shouted “junk” to someone outside the window, or might have made another sound she couldn’t distinguish. “Junk” or “junk-yards,” she explained, was a derogatory reference to the Graveyard Crips, a street gang supposedly at odds with Santa Monica’s 17th Street gang, to which police believed Vargas was a member.

Vargas requested the witness stop her vehicle. She did, Vargas departed, and he called for a ride 15 minutes later, she testified.

The witness said she and Vargas’ girl-friend returned 15 minutes later to the location where they had dropped off Vargas. They picked him up at 3:15 p.m. near the same location — close to the murder scene.

Once inside the car, Vargas handed his girlfriend an item covered in a bandana. The following day, the girlfriend showed the witness a handgun tucked inside the bandana.

Larry Droeger, deputy district attorney prosecuting the case, argued that the handgun was a.22 caliber Rutger — the same weapon that had been used in Carter’s murder.

Levitin noted in his cross-examination that the timing in which Vargas was dropped off and picked up — during which he allegedly committed the murder — was two hours and 45 minutes earlier than when police say the shooting occurred.

The gun Vargas’ girlfriend allegedly kept for him was soon sold to another witness, a drug dealer, who told the court on Monday he needed it for protection. However, having learned the gun was “hot” from Vargas’ girlfriend, the dealer sold it to another friend, who put it in the trunk of his car, near the spare tire, he testified. That car was subsequently impounded for unrelated matters, then sold twice.

Santa Monica detectives found the gun in the car earlier this year.

Prosecutors said an expert analyzed the shells found at Carter’s murder scene and determined the gun was the same as the one used in the shooting.

On Monday, another witness, a pregnant woman, refused to testify against Vargas. She was believed to be a family friend who allegedly overheard Vargas admitting to Carter’s murder in June or July of 2004.

During her testimony, the woman claimed she didn’t know Vargas and didn’t know anything about Carter’s murder. However, she called Vargas and Ramos by name in court.

Prosecutors submitted a videotape as evidence, which was reviewed on Wednesday. The tape is an alleged interview which took place in January of 2005, during which the woman described how she overheard Vargas tell her step-daughter and step-son that he killed Carter because of his involvement with a rival gang.

According to Detective Henry, the witness wasn’t aware she was being taped at the time. She supposedly relayed the story to the Santa Monica police in an interrogation room six months after she had heard of Vargas’ confession.

During Wednesday’s proceedings, it was revealed the witness’ common-law-husband was facing deportation at the time she was interviewed by police. Henry said, to the best of his knowledge, that process would continue after the witness gave her testimony.

Also, an award for $25,000 has been authorized by the city of Santa Monica for the successful prosecution of Carter’s murder. Henry told the court the award was never discussed between the witness and Santa Monica police prior to her interview.

ATTORNEYS MAKE CLOSING ARGUMENTS Levitin argued on Wednesday that Vargas’ murder case should be thrown out of court on the basis the prosecutor’s evidence wasn’t worth a trial.

Levitin said Vargas couldn’t have committed the murder, because the time he was at the murder scene was hours ear-lier than when the shooting took place, based on witness testimony.

“The evidence the prosecution presented was the perfect alibi, because it shows that Vargas wasn’t near the location when the murder occurred,” Levitin said. “He was with his friends.”

Levitin also said that witness testimony failed to show the item Vargas handed to his girlfriend was the gun used in the murder. The only person who could confirm Vargas had a gun was his girlfriend, who hadn’t testified. Thus, the prosecution’s case was based in “make-believe.”

“If (Vargas’ girlfriend) had appeared in court, it would support the prosecution’s case, but she never testified,” Levitin said. “Instead, it suggests the prosecution’s case is made up, hocus pocus.”

Levitin said the only possible evidence against Vargas was the videotaped interview in which the pregnant woman said she had overheard Vargas confess to the murder.

However, Levitin said her testimony was dubious at best, since court records showed Vargas was serving time in a juvenile facility for a drug charge when the supposed confession took place.

“It’s difficult for me to understand why the prosecuting agency would go to trial with (the pregnant witness), when I wouldn’t rely on her to buy me dog food,” Levitin said. “Her comments in the investigation have had more to do with getting help from the INS than telling the truth.”

Levitin said there were too many circumstantial facts that did little to point the finger at Vargas, without leaving significant doubt. With this point in mind, Levitin suggested the drug dealer who testified against Vargas may very well have been the murderer, for the simple fact he also once owned the gun which killed Carter.

“Let’s drop this case and find Carter’s murderer,” Levitin told the court.

Droeger indicated that the evidence to support Vargas’ conviction spoke for itself. He made no further remarks.

In his decision, Judge Dabney indicated the witness testimony, including the videotaped interview, supported the fact Vargas may be culpable for the murder.

“The (pregnant witness) was not being forthright, it was pretty apparent she did-n’t want to cooperate,” Judge Dabney said. “At the time of the tape, there seemed to be a confidentiality agreement in place, but obviously, that confidentiality had been breached.”

Judge Dabney said he also believed the analysis showed the gun used in the crime may have been used by Vargas to commit the murder.

A jury trial will be scheduled Oct. 5 if Vargas maintains his innocence.

*Originally published in the Santa Monica Daily Press print edition on September 22, 2005.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/092205.pdf?ref=smdp.com)