Two Merced County gang members guilty in 2013 ‘ambush’ slaying of gang rival

Two Winton-area gang members face possible lifetime prison sentences for their role in the 2013 slaying of a 33-year-old man who was lured to an alley and shot to death in a hail of gunfire.

Arturo Morfin and Julian Luna were convicted earlier this week by a Merced County jury for their roles in the death on Dec. 23, 2013, of Francisco Pena, who was gunned down in an alleyway on Myrtle Avenue.

Pena, whose family has described him as a former gang member who was working to move past the streets, was “lured” to a parking lot on Myrtle Avenue the night he was ambushed and killed. Merced County sheriff’s detectives have said the slaying was part of a deadly split within one Winton-area street gang that triggered a series of brutal clashes during a violent struggle for power that peaked in December 2013.

Pena was shot at least three times as more than a dozen gunshots rained down, possibly from multiple shooters, including at least one man who was positioned on the roof of a nearby apartment when he opened fire down into the alley, authorities have said.

During the same string of violent gang encounters, a 2-year-old boy also was shot in Atwater, about four days before Pena was killed. The child was in a car when, according to prosecutors, Morfin opened fire on the vehicle, striking the child. The boy survived. Morfin also was convicted in connection with that shooting, prosecutors confirmed.

The verdict against Luna and Morfin was handed down Tuesday in Merced County Superior Court before Judge Donald Shaver. Judge Mark Bacciarini presided over the majority of the nearly month-long case.

At least four other men were involved in Pena’s death, including Luna’s brother, Fernando Luna, as well as Elias Vera and Ricardo Romo. All three of those defendants already have been convicted and sentenced to lengthy prison terms, according to the Merced County District Attorney’s Office. A sixth suspect, Ruben Arce, is wanted in connection with the slaying, but never has been captured. Authorities believe he may have fled the country.

The case was prosecuted by Merced County deputy district attorneys Matthew Serratto and Sara Rosenthal.

Serratto said it was difficult to determine each defendant’s exact role in the slaying. He said numerous witnesses gave differing accounts, but all the evidence pointed to the same group of people.

Serratto praised the investigation led by former Merced County Sheriff’s detective Sam Sanchez.

“I’m happy that the victim’s family will finally get some closure,” Rosenthal said Friday.

Sheriff’s Lt. Chuck Hale said the case serves as an important window into the violent mentality he said gang members cultivate.

“Gang members truly don’t care who they hurt — they’ll even victimize one of their own,” Hale told the Sun-Star. “It truly shows what kind of threat gang members are to the community.”

Serratto said the arrests and convictions made a major difference in the Winton community.

“Cases from that area, especially violent gang cases, have really declined since these guys were taken off the streets,” Serratto said. “Winton is truly a safer place now and we hope it continues to be.”

This story was originally published November 17, 2017 at 3:54 PM with the headline "Two Merced County gang members guilty in 2013 ‘ambush’ slaying of gang rival."