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Tuesday, Dec. 08, 2009

Identity of drive-by shooter the focus of trial

Defense contends another assailant fired into Planada home in June.

A dangerous drive-by shooter, or a case of mistaken identity?

Those questions will face jurors as testimony continues this week in the trial of 23-year-old Alejandro Vargas.

The Merced resident is accused of firing several shots into a Planada residence in the 9000 block of Haskell Avenue on June 24. The day after the shooting, prosecutors say Vargas led California Highway Patrol officers on a high-speed pursuit through Atwater.

Vargas' attorney, however, says his client denies committing the shooting. He's charged with nine felony counts, including shooting at an inhabited dwelling, assault with a semiautomatic gun, auto theft, being a felon in possession of a semiautomatic weapon and evading law enforcement.

He's also charged with misdemeanor resisting arrest.

The prosecution's primary witness in the case took the stand Monday, saying he watched as Vargas fired four shots into the home. The witness, who said he's not a gang member, testified he and his family live in fear, because he stepped forward to provide information to law enforcement. As a result, the Sun-Star is not releasing his name.

The witness said he was driving on Haskell Avenue to the home of a relative the day of the shooting. Around 11:30 a.m., he saw a burgundy GMC Yukon or Chevy Tahoe drive up toward the residence.

When the shooting happened, the witness said about three of his relatives were sitting under a tree outside the house. He testified Vargas pulled out a silver semiautomatic gun and fired four or five times from the window of the vehicle. The people seated in front of the house ran or hit the ground, while the witness sped away and called 911.

The witness said he was about 20 feet away from the shooter, and remembered a particular feature on his face: a small gang-related tattoo under his left eye. Vargas has a similar tattoo.

After Vargas was arrested the next day, the witness picked the defendant out of a photo lineup.

Deputy District Attorney David Sandhaus asked the witness Monday if he saw the shooter in the courtroom. He replied yes. "When someone pulls a gun on you, it's going to be very hard for you to forget who it is," the witness told jurors.

Deputy Public Defender Sean Howard said his client's arrest is a case of mistaken identity. Howard said although his client was driving a stolen GMC Yukon the day he was arrested, the vehicle was not used in the shooting.

Howard said he questions whether the witness got a good look at the shooter's face -- and Vargas denies ever being at the scene. "It isn't him," Howard said. "Whoever did the shooting was not in the same car."

CHP officers arrested Vargas on June 25 after he was spotted driving a stolen maroon GMC Yukon on Bellevue Road, near Shaffer Road. When Officer Shane Kensey tried stopping the car, Vargas sped away, the CHP said. A 100 mph chase followed.

The pursuit ended near Central Valley Disposal on Buhach Road when Vargas crashed through a cyclone fence at the business.

Vargas, along with the passenger of the car, 19-year-old Adam Vargas, was arrested. Adam Vargas, who is the defendant's brother, is not being charged in the shooting.

It isn't the first time Vargas has been in trouble with the law. In 2007, he was convicted of participating in the beating of another inmate at the Merced County Main Jail. The incident led to a lengthy lockdown of a cellblock at the jail, where members of a street gang are housed.

Vargas remains at the Merced County Jail without bail. If convicted, he faces a maximum sentence of life in prison.

Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.