Nine indicted in gang killing

This story appeared on the Bee on Sept. 20, 2001.

The Stanislaus County criminal grand jury has indicted nine Norteno gang members and associates in the April slaying of an 18-year-old Modesto man.

Orville Rosado died in a gunfight outside a home on Janna Avenue in northwest Modesto, police said. A bullet in the face killed him.

Houses on both sides of the street were riddled with bullets following the shootout. The altercation involved members of Dead Man's Curb and Northside Boyz, two of Modesto's rival Norteno gangs, Detective Al Brocchini said.

Investigators have arrested seven suspects on charges ranging from homicide and conspiracy to witness intimidation, Brocchini said.

Police are trying to find Leah Deann Fox, 38, and Brian Oyler, 26, who are wanted on related charges.

The grand jury handed down three indictments Tuesday, naming many gang members already in custody.

Domingo Martinez Jr., 20, and Robert David Rodela III, 20, were charged with homicide, conspiracy to commit homicide and shooting into an inhabited dwelling.

The two were key players who planned the slaying and carried out the shooting, Brocchini said. They also have been charged with shooting to benefit a street gang and committing a drive-by shooting, special circumstances that make the case eligible for capital punishment.

Prosecutor Doug Maner said the district attorney's office won't seek the death penalty. Convictions likely would guarantee Martinez and Rodela would spend the rest of their lives in prison.

Four people have been charged with being accessories to homicide after the fact, for allegedly helping to destroy evidence. They are Jeremy Justice Silva, 26, Lamar Huntley, 25, Oyler and a 14-year-old.

Fox, Esmerelda Herrera, 20, and a 16-year-old girl have been charged with witness intimidation for benefit of a street gang, which carries a maximum of life in prison.

"They have gone out and beat up witnesses to keep them from testifying in this case," Brocchini said.

Fox is the mother of Martinez, one of the men charged with homicide, and she has prior arrests for selling methamphetamine, Brocchini said. Police believe she is splitting her time between Modesto and San Jose.

Oyler told police he would turn himself in after he took care of some business, but he hadn't done that as of Wednesday, Brocchini said.

"We take it very seriously when witnesses to crimes are intimidated or assaulted by gang members, their friends or family," Maner said. "And we will investigate and prosecute these cases vigorously and aggressively."