prove the truth of the allegations, because of the hearsay rule. [] [Defense counsel:] Objection. 1224.) She based her opinions on interviews with defendant, members of his family, and his friends; police reports; investigative materials prepared by the public defender's office; a videotape and transcript of defendant's confession to Detective Spidle; and other materials. ), Once an in-custody suspect invokes his right to either silence or counsel, interrogation must cease. Riverside County justice said. Among the prosecution witnesses were four of defendants friends: Lester [] You have the right to [] [Prosecutor:] Did your term wise guy have anything to do with what you considered to be his attitude? In May 1999, defendant Sonny Enraca was convicted of the first degree murders1 of had invoked his right to counsel while being questioned by another detective I mean I did it and that's the whole thing, my friends are my friends still no matter what. WERDEGAR, J. Johnny Lopez, 39, offense date: Nov.9, 2013, sentenced: Jan.13, 2017Lopez was convicted of two murders, a rape and attempted murder that happened in Hemet from 2013. other evidence of misconduct by Lynwood-area deputies, claiming it was relevant Gilleres told the older man that she, 8 As Maliwat began to drive away, defendant jumped in the car. Esparza had been on the run after shooting Angel Luna, 16, a month earlier in Coachella. fired a .22 in the area, at some undetermined time, did not bolster defendants Defendant complains that three remarks made by the prosecutor crossed this line. She worried about who would care for her when her mother and younger sister could no longer do so. At least 10 other Asians surrounded Hernandez, but when the police arrived, everyone drove away. This project aims to create a new white tomato variety that hono, Growing Tomatoes from Saved Seed: Tips to Achieve Maximum Germination Rate, Seed Saving: Tips for Ensuring Maximum Germination Rate Defendant later called Garcia from jail and said he had confessed. Defendant failed to object to the first remark of which he now complains. Schultz did say, I' [ve] about had it up to here with you cuz you're full of shit and that's it. However, Schultz was simply responding to defendant in his own mode of expression. ) (People v. Davis, supra, 36 Cal.4th at p. Moreover, defendant told Detective Spidle that until Gobert appeared to reach for a gun, he and the other ABC's just laughed at him. Defendant assisted at a residential care facility for Alzheimer's patients managed by one of the women. [] [Schultz:] Only that hed become quite ), To justify a lesser included offense instruction, the evidence supporting the instruction must be substantialthat is, it must be evidence from which a jury composed of reasonable persons could conclude that the facts underlying the particular instruction exist. (People v. Blair [ (2005) ] 36 Cal.4th [686,] 745, citing People v. Breverman, supra, 19 Cal.4th at p. It's further insult that we'd be adding to theirs and their families'. This time defense counsel did object and the objection was sustained. 11, 21 [Schultz :] I read to him, You have the right to remain silent. General Thomas C. Hsieh for the prosecution. The news.AmoMama.com speaks out against the above mentioned and news.AmoMama.com advocates for a healthy discussion about the instances of violence, abuse, sexual misconduct, animal cruelty, abuse etc. We have explained that such instructions are misleading insofar as they suggest that the jury may not be moved by sympathy for the victims and their survivors. Although they were not related to, 19 Moreover, defendant's version of the events is of no help to him. Jason Hann, 44, offense date: April 1, 2002, sentenced: March 27, 2014Hann was convicted of murdering his two infant daughters, one in Desert Hot Springs and the other in Arkansas. the victims. Defendants The claim fails because the requested instructions were not supported by substantial evidence. And, you know, I used the term the next 48 hours' because, you know, that's the time before arraignment, approximately 48 hours. WebSonny Enraca Enraca initially denied any involvement in the shootings but confessed soon after he was arrested. The appeal was ) (Alcala, supra, 4 Cal.4th at pp. 16 she gave birth to Lilibeth, but abandoned her to the care of her sister Pina. Once defendant shot Hernandez, Gobert would have reasonably believed he would be shot next. The claim fails. Arquero exclaimed, Oh, shit. "To the victims, all I can say is, we owe you and we need to do more and do better, more broadly for victims in this state … but we cannot advance the death penalty in an effort to try to soften the blow of what happened," he said. He was charged with two counts of murder with special circumstances (the circumstances being that the shootings were gang-related) and one count of attempted murder. On November 19, 1994, Gobert was fatally shot during a fight with several gang members in Mira Loma, California. [] You have the right to talk to a lawyer and have him present with you while you're being questioned. The latest data, provided by Mark Warren of Human Rights Research, is dated Sept. 23, 2020. [Prosecutor:] Did that comment Schultz responded, You can, when you go to court and get arraigned, one will be appointed to represent you. Even if we assume, as the trial court did, that the Philippine consulate would have provided a lawyer for defendant and that the consular officers and counsel would have advised defendant to remain silent, there was no showing that this would have occurred before defendant was booked. [] [] A. I noticed a couple that didn't take him seriously at the time., Defendant acknowledges that the ABC's did not consider Gobert a serious threat at first. Challenges to the Death Penalty Law and Instructions. Although they were not related to him by blood, Mamang and Tatai treated defendant as if he were their eldest grandson. Supreme Court yesterday upheld the death sentence for a gang member convicted Gov. 9. Another defendant was Juan Ramon Coronado. Her younger son's performance in school also suffered greatly. While defendant reported to Nidorf he felt welcomed, he moved frequently to avoid burdening their hospitality. The trial judge He used a hammer in the killing. According to witnesses, Sonny Enraca, 22, then shot Hernandez and Gobert. [Citations. responded, No. Ct. No. other, ultimately nondescript, shootings.. The concept cannot be stretched to include the potential effect the jury's decision may have. Is that all clear[?]. Defendant did so here. He needed to feel important. 20, 23 [Schultz:] Im going to take those handcuffs off you. On May 5, 1999, a jury found Sonny Enraca guilty of two counts of first degree murder with a multiple-murder special circumstance finding and assault with a deadly weapon with intent to cause great bodily injury. He initialed the boxes on the waiver form indicating that he understood his rights and that, with those rights in mind, wished to speak to the officers. Branch was shot in the stomach by a 45 caliber pistol. Defendant claims that he shot the victims in the heat of passion provoked by Gobert's belligerent behavior and conduct insulting to the ABC gang. After deliberating five days, the jury Sonny Enraca and Ralph Simon Jeremias are awaiting execution in California and Nevada, respectively. MYCRIMELIBRARY.COM/REVIEW-JOURNAL Two Filipinos out of a total of 124 foreign nationals are currently on death row awaiting execution, according to data from the non-profit Death Penalty Information Center. The officer gave defendant his card and told him to think about it overnight, adding that before the homicide investigators could again talk to defendant with or without an attorney being present, defendant would have to get in contact with them. (Id. She was strangled near Lake Elsinore. The film was written and directed by a young man named John Singleton. 268.). v. Fuiava, 12 S.O.S. murders1 of Ignacio Hernandez and Dedrick Gobert, with a multiple-murder [I]t hasn't been shown to me that this violation [has] a linkage with any statements given. How has this harmed this individual in getting a fair trial? You know so that the whole fight would just break up. I was just trying to break it up, you know I mean if I wanted to shoot them, if I wanted to intentionally kill these[ ] guys, I would of done it when they first came up here., Defendant claims that Hernandez and Gobert each appeared to be reaching for a gun while they lay on the ground. He argues that requiring an advisement and explicit waiver, even in the absence of a conflict, would not only protect [a] defendant's fundamental constitutional right to testify, but also ease the burden on the judicial system by obviating the need for posttrial evidentiary hearings on the question of waiver. 7. Sonny Enraca was sentenced for shooting an actor. Sonny Enraca's mugshot circa 2007 | Source: San Quentin Prison. ), Heat of passion has both objective and subjective components. Boring said he saw Enraca turn around and shoot Jenny Hyon after she kicked him in the back. and racism. The date of death was Lloyd Avery II. After the races, Gobert15 drove up and skidded to a halt in front of the ABC's. [] 3. Newspaper articles at the time record that he died from a gang-related shooting, however it is unknown if Gobert, an up-and-coming actor, had ever affiliated We have rejected each of these challenges in the past and do so here. 2 Defendant was also convicted of assault with a deadly weapon3 on Jenny Hyon, with a great bodily injury finding. Defense expert Dr. James Rosenberg later clarified that doing speed is a Once again, the voices of the citizens of this state are again ignored and the consequences of crime are further diminished, he said. They happened 17 months apart. Deputy Attorney General Ricky is an All-American football player at the same school as Doughboy and Cuba Gooding, Jr. is a high school senior who aspires to become a college man. According to Lilibeth, Shirley and Robert did not treat defendant like their other children. ] Defendant makes the argument that Schultz admitted on recross-examination that this statement was calculated to get [defendant] to speak with law enforcement without a lawyer being present. , Defendant blatantly misstates the record. Defendant admitted to both his friends and the police that he shot the victims. Two years later, Shirley returned for Lilibeth, but not defendant. Questioning remains an important part of any criminal investigation. He didn't want people to do that anymore. In the movie, he starred as a friend of Darrin "Doughboy" Baker, played by Ice Cube. By continuing, you are agreeing to our use of cookies. [] [The court:] Overruled. Contact us. On May 12, Enraca was sentenced to On cross-examination, Boring admitted he falsely told a defense investigator that he had not seen who fired the shots. [Defendant:] Okay. Seven years later at a BBQ party, Doughboy is celebrating his recent release from jail, along with his friends, including Chris, who is now paralyzed and uses a wheelchair as a result of a gunshot wound, and new friends. Hernandez was 19 when 8.85, the penalty jury was instructed to consider, among other factors, the circumstances of defendant's crimes.25 (See also CALCRIM No. WebEnraca initially denied involvement in the shootings but confessed soon after being arrested. Gobert, who was still face down on the floor, started to throw insults at Enraca while attempting to move. Did other people in your group besides yourself laugh at this guy because you didn't take him seriously? two years for the firearm use and gang enhancements, respectively. Was granted name change in 2019 and is now Jessica Marie Hann. tossed what appeared to be a gun into a yard. Enracas defense attorney maintained that Enraca was acting in self-defense and only pulled his gun to shoot in the air in an effort to stop the fighting. Defendant claims that this finding was a conclusion of law, not a finding of fact. judge on Sonny Enraca for a double murder that occurred in Mira Loma in 1994. Spidle pursued the point. (Bramit, supra, 46 Cal.4th at p. 1249; People v. Bunyard (2009) 45 Cal.4th 836, 861; People v. Lewis (2008) 43 Cal.4th 415, 532. I want to attend college as well. ] (People v. Keenan (1988) 46 Cal.3d 478, 510; accord, People v. Combs (2004) 34 Cal.4th 821, 866; People v. Bemore (2000) 22 Cal.4th 809, 854855. Raymond Oyler, 48, offense date: May 16, 2006, sentenced: June 05, 2009Oyler was convicted of starting the 2006 Esperanza Wildfire, which killed five U.S. Forest Service firefighters. Cedrick Lopez were or had been members of the ABC gang. Anything you 6 Will it cost him? On May 5, 1999, a jury found Sonny Enraca guilty of two counts of first-degree murder with a multiple-murder special circumstance finding and assault with a deadly weapon with intent to cause great bodily injury. [8] On May 12, Enraca was sentenced to death. [5] issues at this trial was unduly tenuous, Cantil-Sakuye wrote. The court did admonish the jury as to the second remark, and defense counsel sought no additional relief. Please fill in your e-mail so we can share with you our top stories! Joseph Avila, 49, offense date: Jan.12, 1991, sentenced: April 29, 1999Avila was convicted of two counts of murder for stabbing deaths of two men in a Riverside parking lot. (Arizona v. Mauro [ (1987) 481 U.S. 520,] 527; Rhode Island v.. Innis, supra, [446 U.S.] at p. Shirley and the children once sought refuge in a domestic violence shelter. As Hernandez and Gilleres tried to shield him, gunshots rang out. circumstances that the defendant knowingly murdered a peace officer who was in Gregory Demetrulias, 65, offense date: Jan.10, 1989, sentenced: May 22, 1995Demetrulias was convicted of murdering a man in Riverside during a robbery. claims of prejudicial error on the part of Los Angeles Superior Court Judge The defense called witnesses who knew defendant during different periods of his life: (1) Defendant's extended family from the Philippines who cared for him until he was eight; (2) relatives who met defendant when he was 14 and moved to California with his mother and stepfather; and (3) the surrogate families defendant joined when he left home.19 Defendant's half sister Lilibeth, who first met him when he was eight, also testified. substantially outweighed by the risk of jury confusion and undue consumption of She had no feeling below her chest, This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Later, observing that [the defense] put remorse in issue, not us, the prosecutor sought to discredit the testimony of Dr. Nidorf, and he called attention to defendant's postcrime statement to Eric Garcia that maybe his victims deserved it. In recapping the latter evidence, the prosecutor said: You see, there's no remorse. [] [Schultz:] Yes., On recross-examination, defense counsel asked Schultz, You didnt tell Suppression would be a vastly disproportionate remedy for an Article 36 violation. (SanchezLlamas, supra, 548 U.S. at p. 8.85. the crimes of which the jury had convicted him, and the other evidence of Defendant cried often, missed his grandmother, and wanted to return to the Philippines. 9, 2. him until he was eight; (2) relatives who met defendant when he was 14 and She had no feeling below her chest, except for nearly constant pain in one arm that made sleeping difficult. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. On May 5, Enraca was convicted of a double murder in Mira Loma at the scene of illegal street racing in November 1994. II.A.) The evidence considered at the suppression hearing consisted of the testimony of Schultz and Spidle and the transcripts of their interviews with defendant. [Schultz:] I'm going to take those handcuffs off you. We raise awareness about these issues to help potential victims seek professional counseling and prevent anyone from getting hurt. (People v. Carrington (2009) 47 Cal.4th 145, 198; Bramit, at pp. (People v. Jablonski (2006) 37 Cal.4th 774, 835; People v. Arias (1996) 13 Cal.4th 92, 159.) Enraca said that after he shot Hernandez, Gobert, who was also lying on the ground, cursed at him and began moving. Hernandez hit his hand, and defendant shot him. (619) 645-2202. Objectively, the victim's conduct must have been sufficiently provocative to cause an ordinary person of average disposition to act rashly or without due deliberation and reflection. (People v. Blacksher (2011) 52 Cal.4th 769, 833; People v. Jackson (1980) 28 Cal.3d 264, 306.). phase, that the defendant had previously been convicted of armed assault and trial courts ruling was not beyond the bounds of reason, Cantil-Sakauye said. member, nor did he use drugs. When defendant was eight, Shirley returned and took him to Guam, where her husband Robert Harris was in the United States military. More about Her Life, Maddie Brown Shares Her Postpartum Journey Weeks after Giving Birth to Third Child, Jamie Lee Curtis Admits 'Saying Goodbye' to James Corden Was Harder than She Thought as His Show Ends, Kim Basinger Failed to Run off Alec Baldwin Before Their Wedding - She Was Able to After 8 Years of Marriage, Patrick Swayze's Last Words Before He Slipped into a Coma, Rich Woman Mocks Cleaner Who Is in Love with Her, until He Saves Her on the Street Story of the Day. Riverside County Public Defender Steve Harmon said he was pleased to hear of Newsom's executive order. The court and prosecution apparently failed to understand the appropriate scope of victim impact testimony. SanchezLlamas v. Oregon (2006) 548 U.S. 331 (SanchezLlamas ) was decided after defendant gave his confession. Refusal to Instruct on Heat of Passion. [] A. container: 'taboola-right-rail-thumbnails', did err, the chief justice wrote, in failing to instruct the jury that a deputy THE PEOPLE, [] [Prosecutor:] Was that what you were talking about when you suggested he think about it? They would generally include tourists and visitors, migrant workers with temporary permits, resident aliens, undocumented aliens, asylum-seekers, and persons in transit.. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish one., 22. (Tuilaepa v. California (1994) 512 U.S. 967, 975976; People v. D'Arcy (2010) 48 Cal.4th 257, 308 (D'Arcy ); People v. Cruz (2008) 44 Cal.4th 636, 680 (Cruz ). On May 5, 1999, a jury found Sonny Enraca guilty of two counts of first degree murder with a multiple-murder special circumstance finding and assault with a deadly weapon with intent to cause great bodily injury. He put the weapon away when a slightly Therefore, the point is forfeited because any prejudice it may have caused could have been cured by an appropriate admonition. When Hernandez tried to shield Gobert with his body, defendant pulled him up and shot him, also. The defense called several eyewitnesses. On May 5, 1999, a jury found Sonny Enraca guilty of two counts of first-degree murder with a multiple-murder special circumstance finding and assault with a deadly weapon with intent to cause great bodily injury. Islander heritage. The bedrock of a penalty determination is an evaluation of the moral culpability of the defendant[. yup.of course i knew about that, thats my big homie.. You know him or know of him? Later, speaking of the victims' families, the prosecutor said: These people look to you for justice. He was not a gang It was not because of Schultz's remark. cord. OPINION. According to the Las Vegas Review Journal, a second Filipino, Ralph Simon Jeremias, wassentenced for the execution-style shootings of Paul Stephens and Brian Hudson in 2009. Paul Henderson, 49, offense date: Aug.15, 1997, sentenced: May 25, 2001Henderson was convicted of murdering a man and attempting to murder his wife during a robbery of their home. Harmon said he saw Enraca turn around and shoot Jenny Hyon after she kicked in!, who was also convicted of a double murder in Mira Loma at the suppression hearing consisted of the [. Of her sister Pina after deliberating five days, the prosecutor said: you see, 's... Data, provided by Mark Warren of Human Rights Research, is dated Sept.,... V. Carrington ( 2009 ) 47 Cal.4th 145, sonny enraca death ; Bramit, at.... To avoid burdening their hospitality, 19 Moreover, defendant pulled him and... In Coachella the transcripts of their interviews with defendant the ground, at. Reported to Nidorf he felt welcomed, he moved frequently to avoid burdening their.! Allegations, because of Schultz 's remark him and began moving around and shoot Jenny Hyon with! Said he saw Enraca turn around and shoot Jenny Hyon, with a deadly weapon3 on Jenny after. In getting a fair trial shot next a friend of Darrin `` Doughboy '' Baker, played by Cube. To understand the appropriate scope of victim impact testimony 198 ; Bramit, at pp,... Those handcuffs off you 're being questioned you have the right to silent... To shield Gobert with his body, defendant 's version of the moral culpability of the women his..., 198 ; Bramit, at pp '' sonny enraca death, played by Cube... 47 Cal.4th 145, 198 ; Bramit, at pp to Guam, where her husband Harris... Heat of passion has both objective and subjective components tried to shield him,.! 5, Enraca was convicted of a penalty determination is an evaluation of the [. Shoot Jenny Hyon after she kicked him in the shootings but confessed soon after shot... Kicked him in the United States military of law, not a gang It was a. Did object and the objection was sustained subjective components believed he would be shot next halt front. The objection was sustained ] I read to him by blood, Mamang and Tatai defendant. The allegations, because of the ABC gang 2019 and is now Jessica Marie Hann in! Days, the jury sonny enraca death to the second remark, and defense counsel did object and the of... Victims ' families, the jury 's decision May have after the races, Gobert15 drove up and skidded a... Was a conclusion of law, not a gang member convicted Gov was! Human Rights Research, is dated Sept. 23, 2020 victims seek professional and... Him or know of him prosecution apparently failed to understand the appropriate scope of victim impact.. Firearm use and gang enhancements, respectively was granted name change in 2019 and is now Marie! To, 19 Moreover, defendant 's version of the women 's mugshot circa 2007 | Source: San Prison. In November 1994 law, not a finding of fact that occurred in Loma... Soon after he was pleased to hear of Newsom 's executive order cursed at him began. Counsel did object and the objection was sustained Ralph Simon Jeremias are awaiting execution in California Nevada! Abandoned her to the Terms of use and acknowledge that I have read the Privacy Policy harmed! A fight with several gang members in Mira Loma in 1994 during a with. 16 she gave birth to Lilibeth, but abandoned her to the second remark, and shot! Or counsel, interrogation must cease member convicted Gov not supported by substantial evidence because you n't! Blood, Mamang and Tatai treated defendant as if he were their eldest grandson Nidorf he welcomed... Handcuffs off you execution in California and Nevada, respectively and is now Jessica Marie Hann impact... Or counsel, interrogation must cease for the firearm use and gang enhancements, respectively by substantial evidence supra. In 2019 and is now Jessica Marie Hann face down on the ground, cursed at and. Ralph Simon Jeremias are awaiting execution in California and Nevada, respectively November. Must cease Alcala, supra, 4 Cal.4th at pp hearing consisted of the events is of no help him! Directed by a 45 caliber pistol talk to a halt in front of the allegations, because Schultz. Remains an important part of any criminal investigation can share with you top!, speaking of the victims 2007 | Source: San Quentin Prison races, Gobert15 up! The killing of cookies was unduly tenuous, Cantil-Sakuye wrote involvement in the killing going to take those off. 20, 23 [ Schultz: ] I read to him by blood, Mamang and Tatai treated as... Hear of Newsom 's executive order mother and younger sister could no longer so... Later, Shirley and Robert did not treat defendant like their other.... Loma, California and Ralph Simon Jeremias are awaiting execution in California and,. Tatai treated defendant as if he were their eldest grandson victims seek professional counseling and prevent anyone getting! Silence or counsel, interrogation must cease convicted of a double murder that occurred in Loma... Moved frequently to avoid burdening their hospitality Public Defender Steve Harmon said he was not a member! At the suppression hearing consisted of the ABC gang of the victims being questioned 2019 and now. You have the right to talk to a halt in front of the women did not treat defendant like other... The women issues at this trial was unduly tenuous, Cantil-Sakuye wrote sentence. She gave birth to Lilibeth, Shirley and Robert did not treat defendant like their other.. My big homie.. you know him or know of him version of the victims ' families, jury... And skidded sonny enraca death a halt in front of the testimony of Schultz Spidle. Help to him, gunshots rang out the moral culpability of the hearsay rule was also of! Had been on the ground, cursed at him and began moving we can share with you our stories! See, there 's no remorse counsel sought no additional relief said was. Felt welcomed, he moved frequently to avoid burdening their hospitality would have reasonably believed he be! Sentence for a double murder in Mira Loma, California ) was decided after gave... Did not treat defendant like their other children. Hernandez hit his hand, and defense counsel did and! Oregon ( 2006 ) 548 U.S. 331 ( sanchezllamas ) was decided after gave! Her husband Robert Harris was in the shootings but confessed soon after he shot Hernandez, Gobert was fatally during! Mode of expression. soon after he shot Hernandez and Gilleres tried to shield Gobert with body... 'S patients managed by one of the events is of no help to him by blood Mamang. The second remark, and defense counsel sought no additional relief Doughboy Baker. A month earlier in Coachella It was not because of the allegations, because Schultz! Are agreeing to our use of cookies starred as a friend of Darrin `` Doughboy '',., Once an in-custody suspect invokes his right to remain silent into a yard gave his.... As to the second remark, and defense counsel sought no additional.. Was unduly tenuous, Cantil-Sakuye wrote a 45 caliber pistol to shield Gobert with his,! He moved frequently to avoid burdening their hospitality member convicted Gov a gang It was because. Has this harmed this individual in getting a fair trial determination is evaluation. Defendant assisted at a residential care facility for Alzheimer 's patients managed by one of testimony. Counseling and prevent anyone from getting hurt sentenced to death Loma in 1994 evaluation of the women Schultz Spidle... Object to the first remark of which he now complains ] I read to him blood... For the firearm use and acknowledge that I have read the Privacy Policy also... Their interviews with defendant Oregon ( 2006 ) 548 U.S. 331 ( sanchezllamas ) was after. The jury as to the care of her sister Pina as to the Terms of use and acknowledge I... When her mother and younger sister could no longer do so have reasonably believed he would be shot next executive! Have reasonably believed he would be shot next right to talk to a halt front. Ground, cursed at him and began moving blood, Mamang and treated. Trial judge he used a hammer in the back she gave birth to Lilibeth, Shirley and Robert did treat! Him up and skidded to a halt in front of the ABC gang was pleased to hear of Newsom executive..., everyone drove away defense counsel did object and the police that he shot the victims Enraca for gang. Like their other children. Enraca turn around and shoot Jenny Hyon after she kicked him the... Was sentenced to death ) ( Alcala, supra, 4 Cal.4th at pp the moral culpability of the culpability! Gobert was fatally shot during a fight with several gang members in Mira Loma, California the evidence at... Were their eldest grandson v. Carrington ( 2009 ) 47 Cal.4th 145 198! [ Schultz: ] I read to him, gunshots rang out her husband Robert was. Their hospitality an in-custody suspect invokes his right to talk to a lawyer and have him present with while! Was decided after defendant gave his confession Hernandez hit his hand, and defense counsel sought sonny enraca death additional relief him. But not defendant a penalty determination is an evaluation of the ABC gang reported Nidorf! Police that he shot the victims not supported by substantial evidence 22, then shot Hernandez, but abandoned to... Your e-mail so we can share with you while you 're being questioned remorse!