Details emerge on decades-old Merced homicide investigation. DA plans to refile case

The case against a San Jose man charged with the slaying of Merced resident Michael Riley 10 years ago has been dismissed by prosecutors after a Merced County judge disallowed video of a detective’s interview with a confidential witness.

But the lead prosecutor in the case explained at a preliminary hearing that the decision to dismiss the case is a formality that was necessary because of scheduling issues with a witness — former lead investigator Joe Deliman — who didn’t appear in court Friday to testify on the years-old videotaped interview.

Merced County Deputy District Attorney Katie Gates said prosecutors will be refiling the case and San Jose resident Jerome Slayton, 30, was rearrested at the courthouse after the hearing and still in custody.

But Slayton’s public defender called the case against his client “weak” and said he thinks the prosecution has the wrong person.

“We were supposed to start the preliminary hearing today,” said Ramnik Samrao, a Merced County deputy public defender. “We haven’t waived (our right to a speedy trial) because we think they have an incredibly weak case that we’re ready to expose.”

Marylene Riley, Michael Riley’s mother who attended the hearing with family members and friends, said she thought Samrao was wrong because Slayton’s name has been coming up from the beginning of the investigation.

“This person didn’t even know Mike,” she said. “When Mike was murdered, everyone in the community was like who in the world would want to kill Mike, because Mike got along with everyone. Everyone knew Mike.”

Merced police officers responded to calls of shots fired at 12:38 a.m. Oct. 7, 2008, in the 1100 block of Loughborough Drive, according to investigation reports.

Officers found Riley on the ground next to a flowerbed in front of the Village Meadows Apartments, the reports state. He had several gunshot wounds and a faint pulse, and died moments later.

An autopsy concluded Riley was shot three times — which was his elbow, chest and head — according to the reports. The shot in the chest was fatal, piercing his heart, while the shot to the head came at close range while Riley was down.

At the scene, investigators documented muddy footprints several 45-caliber shell casings, reports state.

During a search of Riley’s home hours after the slaying, detectives found two firearms, ammunition, a wallet, $202 in cash and photos of Riley with other people in gang colors and showing gang signs, according to police reports.

Investigators questioned several people who were in the area around the time of the shooting, some who were documented gang members, according to reports. The individuals’ stories conflicted.

None of those interviewed at the time told police they knew who killed Riley or why, the reports state. Some suggested to police the killing may be motivated by relationship issues.

But in 2010, one of the questioned individuals changed a past statement to police, the reports state. The witness claimed Slayton, who was previously identified as being near the scene of the shooting, killed Riley because he believed Riley was in a rival gang.

The witness said Riley and Slayton had an argument two weeks prior to the shooting, according to the reports.

On the day of the shooting, Riley reportedly went to hang out with some people in the area, according to the witness. Riley, in a car, saw Slayton, who also noticed Riley. Riley reportedly talked to a friend in the car and then left with the intention of returning.

Slayton was reportedly told Riley was a member of an opposing gang and alluded to killing Riley several times before Riley was shot, according to the reports.

Slayton, who the witness stated was “hella loaded” on “powder,” meaning cocaine, went back into his nearby apartment and changed into all black clothing.

The witness said before shots were fired, Slayton hid in a darkened area near the Village Meadows Apartments, where gang members “used to hide in the bushes area of the front complex there and sneak up on people to attack (rival gang members),” the reports state.

The witness didn’t claim to see the shooting. But other people detectives questioned during the course of the investigation said Slayton told others about killing Riley or a rival gang member.

Merced Police Detective Jeff Horn, who took over the case earlier in the year, was able to corroborate previous statements to investigators by re-interviewing witnesses and family, Merced Police Sgt. Reynaldo Alvarez said, noting Horn was able to “connect the dots.”

Riley’s death was followed by the killing of his younger brother, Marlis Riley, months later. The brothers’ deaths led Marylene Riley to make a call to organize against violence in the Merced community with an annual “Remembrance Walk” that honors victims of violence in the community.

During the walk each year, Marylene Riley remembers her two sons as good, productive and promising individuals of society. And she recounts her eldest son’s accomplishments as a U.S. Navy veteran and an honor student at Merced College. She said neither of her sons were gang members or participated in gang activity.

“Not only mine, a lot of boys back in the 90s claimed (to be in a gang),” Marylene Riley told the Sun-Star on Saturday, suggesting it would explain the photos found in her son’s room. “It wasn’t no ‘shoot ‘em up, bang-bang’ thing. As Mike got older, he left that stuff alone.”

Marylene Riley said Friday’s hearing and case dismissal was a small “setback.”

“The main thing is (Slayton) is still being held,” she said, noting she is looking forward to the next hearing in several days. “I’m OK with it.”

Samrao questioned the amount of evidence prosecutors had and suggested they dismissed charges to get more time to improve their case.

“I know that the Rileys have been waiting a decade now to see their son get justice,” Samrao said. “The way this case has come together, we don’t think that’s going to happen.”

Gates said she wouldn’t comment on the evidence of an open case, but added the District Attorney’s Office reviews all cases and files charges if there is proof beyond a reasonable doubt.

The District Attorney’s Office plans to re-file charges against Slayton by the Tuesday deadline, Gates said.

This story was originally published August 12, 2018 at 10:27 AM.