OAKLAND — Alameda County prosecutors dismissed the homicide case towards a San Leandro man a few 12 months after conflicting tales by eyewitnesses gave rise to a possible self-defense concept, courtroom information present.
Anthony Ortega, 27, was charged in 2023 with homicide within the dying of 23-year-old Juan Garcia Salazar Jr., a resident of Richmond and Stockton, over what began as an argument a few automobile blocking the roadway, in response to courtroom information. Prosecutors cited “insufficient evidence” once they formally moved to throw out the case.
Ortega posted $500,000 bail in Could 2023 and was free for nearly your complete period of the case.
The dismissal occurred final January however hasn’t been beforehand reported. At Ortega’s 2024 preliminary listening to, Decide Mark McCannon stated there have been “credibility issues” with prosecution and protection witnesses and that he believed a jury ought to have the ultimate say.
“I truly didn’t believe your witnesses,” McCannon stated to Ortega’s lawyer, however then added, “Just like the prosecution’s witnesses. I found issues with all of the testimony.”
Salazar was fatally shot simply earlier than 3 a.m. March 26, 2023 within the 3300 block of thirteenth Avenue, simply south of Interstate 580. A girl with Salazar advised police that he purchased marijuana from somebody in a big group of individuals which included Ortega, after which she casually talked about she had dated Ortega, inflicting Salazar to turn out to be enraged, in response to courtroom information.
She added that she didn’t suppose Salazar was jealous, although the protection tried to boost that situation, and highlighted that Salazar had three pending circumstances for home violence, assault within the Richmond jail, and pimping on the time of his dying.
One of many protection witnesses testified that Salazar got here out of the automobile threatening the group and somebody advised him that they didn’t need issues.
“That’s when things kept escalating and he started saying how he had shells for every single one of us and that he was gonna kill us,” the protection witness stated.
A prosecution eyewitness — a person who was within the automobile with Salazar and the lady — testified he didn’t hear any threats, however admitted the door to the automobile was closed and he couldn’t hear something. Police stated Salazar had a loaded gun in his fanny pack, however there was no proof he pulled it out.
“The defendant was the only member of the group who shot the victim … he shot the victim five times,” Deputy District Legal professional Laura Anderson argued on the preliminary listening to. “Four of those five shots actually hit (Salazar).”
Assistant Public Defender Sue Ra, who represented Ortega, argued that the “terrible situation” was brought on by Salazar’s aggressive habits and escalation.
“All those watching Juan believed Juan was going to shoot someone and it was in this moment that Anthony acted in self-defense,” Ra stated on the listening to.
