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Tuesday, Dec. 15, 2009

Gang member facing lengthy prison term for Delhi shooting

No injuries in assault, but trio of victims, including a 3-year-old boy, were endangered.

A gang member has been convicted of committing a Delhi shooting earlier this year that endangered a man, his a 3-year-old son and 17-year-old brother.

A Merced County jury convicted Brian Saude, 21, of Delhi on Friday on felony charges of attempted murder, shooting into an occupied vehicle and active participation in a criminal street gang.

Saude's trial in Merced County Superior Court took less than a week. He now faces a maximum sentence of 73 years to life in prison. "He was a very dangerous gang member who is not going to threaten this community any more," said Deputy District Attorney David Elgin, prosecutor in the case.

David Capron, Saude's attorney, couldn't be reached for comment Monday.

Prosecutors said the defendant, a validated gang member, shot at the 25-year-old victim's car because he belonged to a rival gang at one time. Elgin said the victim, who was a gang dropout, had also fathered a child with one of Saude's fellow gang members.

The victim was in the car with his 3-year-old son and 17-year-old brother when the shooting happened, Elgin said.

The shooting was reported shortly before 10 a.m. on April 26, at the corner of Ailanthus Avenue, near Delhi Avenue. Before the shooting, the victim had picked up his 3-year-old son across the street from where the defendant lived, according to investigators.

After watching the victim drive away, Saude left on foot, jogging through backyards to intercept the car on Ailanthus Avenue. The victim pulled over after seeing Saude, thinking the defendant wanted to talk to him. After Saude walked up and pulled a gun, the victim put the car in reverse and tried to flee. Saude fired once at the car, and the bullet went through the windshield and into the dashboard, investigators said.

No one was hurt in the shooting. The victim flagged down a sheriff's deputy after the shooting, and Saude was arrested two days later. Elgin said the victim fully cooperated with law enforcement.

Saude denied committing the crime, saying he was at home when the shooting happened. He was also convicted of gang enhancements, including discharging a firearm in commission of a felony.

The defendant had been paroled from the Division of Juvenile Justice in January.

He's scheduled to be sentenced Jan. 13.

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