Fabian Lewkowicz/Daily Press Ayla, 16, a shepard mix who suffers from a spinal column disorder, makes his way along Seventh Street recently with the aid of his doggie wheelchair. Death penalty an option
DOWNTOWN LA — Three weeks after police submitted its murder case to prosecutors, the District Attorney’s Office filed charges on Tuesday against two imprisoned gang members who are accused of randomly killing two men in Santa Monica nearly eight years ago.
David Robles and Jessie Garcia, both 29, each face two counts of murder and two counts of attempted murder. The DA’s Office also alleges that the two men intentionally discharged a firearm to cause great bodily harm to four individuals and carried out the crimes for the benefit and association of a criminal street gang. That allegation carries with it a special circumstance, which means Robles and Garcia are eligible for the death penalty.
A special committee will determine if Robles and Garcia should face the death penalty after a preliminary hearing is held.
Robles and Garcia, who are currently locked up in state prison on other convictions, will enter their pleas when they are arraigned on June 7. It is unknown whether Robles and Garcia have been notified of the charges against them, or if they will have private attorneys or public defenders representing them at their arraignments, said DA spokeswoman Jane Robison.
Robles and Garcia, cousins and noted gang members, are alleged to have fatally shot Michael Juarez, 27, and Anthony Juarez, 19, on Oct. 27, 1998. The Juarez brothers were visiting their cousin, Frank Juarez Jr., who owned Westside Clothing on Lincoln Boulevard, when masked gun-men stormed into the store in broad daylight and fired numerous rounds from an assault rifle and pair of handguns.
The murders were believed to be in retaliation for a homicide which occurred days earlier. Apparently, a gang member who was attending a drug class at the Clare Foundation on Lincoln Boulevard was shot while waiting for the bus, sources said, prompting the Culver City Boyz to retaliate against Santa Monica gang members.
The Juarez brothers weren’t from Santa Monica, nor affiliated with any gangs. They were interested in opening a store similar to Westside Clothing where they lived, in Cayucos, a small town in San Luis Obispo County. The brothers had come into Santa Monica the night before to check out their cousin’s operation.
Wearing masks, the gunmen entered the store — which was located between Pacific and Strand streets on Lincoln Boulevard — shortly before noon, opened fire and ran out. Michael Juarez and Frank Juarez Jr. ran toward the back door to escape the gunfire, police said. Anthony Juarez didn’t make it to the back of the store, and was gunned down.
Frank Juarez Jr. was shot multiple times, as was Matthew Vaughan, a customer in the store. Both survived.
The assailants ran out of the store and got into a car awaiting them on Lincoln Boulevard, driven by an unknown suspect. The car was discovered near LAX later that day, wiped clean.
Evidence recovered at the crime scene was processed with current DNA technology. The DNA evidence was sent to the California Department of Justice, Bureau of Forensics Services DNA Laboratory and entered into their databank of known offenders. The samples submitted were matched with Robles and Garcia, said SMPD Lt. Frank Fabrega.
Robles, also known as “Puppet,” is currently serving an eight-year sentence in Corcoran State Prison. He was convicted of voluntary manslaughter in February 2001. Garcia, also known as “Psycho,” was convicted of carjack-ing and assault with a deadly weapon with a firearm causing great bodily injury in May 1999. According to the Department of Corrections, he is currently serving a 15-year sentence in Ironwood State Prison.
Originally published in the Santa Monica Daily Press print edition on May 5, 2006. Read the original PDF.