SAN DIEGO(AP)
The teenage son of former California Assembly Speaker Fabian
Nunez acted in self-defense in a confrontation that left a college
student dead of a stab wound, his lawyer said Thursday after his
client and three other men pleaded not guilty to murder and other
charges.
Esteban Nunez's lawyer, Brad Patton, did not elaborate on
his self-defense claim but told a judge, "I believe there are
clear defenses in this case."
Prosecutor Jill DiCarlo said Esteban Nunez vowed to attack
someone "from the back" as he and his friends stewed
about getting kicked out of a fraternity party early Oct. 4 in San
Diego. In court documents, authorities quote Nunez saying,
"Yeah, I got one of them," after the subsequent fight
that killed Luis Santos, 22, and wounded three of his friends.
The defendants are charged with murder, assault with a deadly
weapon and vandalism. Superior Court Judge David Szumowski set bail
at $2 million for Nunez, Rafael Garcia and Leshanor Thomas, all 19.
He denied bail to Ryan Jett, 22, because he is on probation for
possession of ammunition.
Fabian Nunez, 41, his wife, Maria, and their daughter, Teresa,
stood before a bank of television cameras as Patton made a brief
statement outside court blasting prosecutors for making the case
"a bit of spectacle." Fabian Nunez, who was one of the
state's most powerful politicians before stepping down as
speaker this year, declined to comment.
Paul Pfingst, Garcia's attorney, told reporters his client
"is not a murderer." Attorneys for the other two
defendants did not speak with reporters.
The defendants, all from the Sacramento area, could face maximum
sentences of life in prison if convicted of murder.
Investigators said in court documents that Esteban Nunez and his
friends belong to a "close-knit group of friends who call
themselves 'THC' aka 'The Hazard Crew,'" who
flash hand signs and sport tattoos with symbols of hazardous
materials.
Police investigated what they called a possible "gang
nexus" in the attack. But Paul Levikow, a spokesman for the
San Diego County district attorney's office, said prosecutors
will not allege the stabbings were committed to promote a gang, a
potential special circumstance that could result in tougher
penalties.
Investigators have not recovered the knives used to kill Santos,
a San Diego Mesa College student, in the driveway of San Diego
State University's Peterson Gym. Santos died at the scene from
a stab wound that "sliced through the bottom of his
heart," according to court documents.
Two other people who were with Santos suffered stab wounds, and
a third underwent surgery after being punched in the eye, said
DiCarlo, the prosecutor.
An arrest warrant affidavit offers witness accounts and other
details of the crime.
Police suspect Nunez and his friends drove from Sacramento to
San Diego to party. After getting kicked out of a party, they
fueled their rage with a bottle of rum and two six-packs of beer at
the apartment of Garcia's cousin, Briana Perez, according to
court documents.
Perez quoted the men saying, "Let's go burn down their
house" and "Let's show them how we do it in
Sac-Town." The documents don't specify which men made the
statements, although they say Nunez and Garcia did most of the
talking.
Prosecutors allege the men slashed a trailer's tires before
the melee, which occurred after the group left the apartment,
according to the affidavit.
Thomas allegedly told investigators later that one of the
victims said, "I think I got stabbed," and that Nunez
said, "Yeah, I got one of them."
A friend of Nunez's, John Murray, told investigators that he
joined the man hours later at a Sacramento riverbank frequented by
transients. He said Nunez carried a plastic bag, and Jett had a cup
filled with gasoline as they prepared to destroy evidence,
according to the affidavit.
"They had a hat and a shirt they burned, and they had their
knives in a bag," Murray is quoted as saying. "I walked
back to my car and said, 'You guys do what you have to
do.'"
Fabian Nunez is the longest-serving speaker in California's
era of legislative term limits. The Los Angeles Democrat cultivated
a close relationship with Gov. Arnold Schwarzenegger that led to
their agreement on a landmark law to greatly reduce greenhouse gas
emissions in California.
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