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Napa teen gets one year for death of friend
Saturday, December 08, 2007
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The Napa teen convicted of shooting another youth in a parked car in west Napa last year is going to a California detention camp for the next year.

Daryl Yadao was sentenced Monday for the shooting death of his friend more than a year ago.
Robert Ratto, 19, was shot with a Glock .9mm semi-automatic handgun on Sept. 5, 2006, while sitting in a parked car with Yadao, then 16, and another 16-year-old friend. Ratto, a 2006 Vintage High School graduate, was dead by the time paramedics arrived on scene.

Yadao, who will be 18 next month, pleaded guilty in November to involuntary manslaughter, possession of drugs for sale, possession of a firearm while possessing illegal drugs and personal use of a firearm in connection with Ratto’s death.
Yadao was ordered by Superior Court Judge Ray Guadagni on Monday to Bar-R-Boys Ranch in Del Norte County until he is 19. The lock-down facility is geared at the rehabilitation of young offenders. It is a step down from the more restricted and prison-like environment of the California Youth Authority.

Details of the case and what led up to the shooting were not available since all of the court proceedings, except for Monday’s sentencing, were heard in juvenile court.
When Yadao pleaded to use of a firearm, the sentencing was opened to the public.

The day of the shooting, Ratto, Yadao and the other teen were sitting in Yadao’s car in the Collier Boulevard apartments parking lot, where Yadao lived with his mother and siblings.

Ratto was sitting in the front passenger seat. The gun went off striking Ratto once in the torso, mortally wounding him.

At Monday’s hearing Deputy District Attorney Fred Gutierrez, who prosecuted the case, told Superior Court Judge Ray Guadagni that after Yadao pulled the trigger, he fled.

“He didn’t stay to help his friend, while he was dying. He ran upstairs to his apartment, hid the gun and another pistol which police found later in his closet. He then came back downstairs, and they carried Robert up to the apartment,” Gutierrez said. “He didn’t even call 911. He called his mother, who called 911.”

Ratto’s mother, Linda Smernes, wearing a T-shirt with Robert’s graduation picture on the front of it, tearfully told the court she wanted justice for her son.

“(Yadao) ran upstairs to hide the gun while his friend lay gasping for breath. It’s not OK to kill someone and then brag about it. Please let there be justice for Robert. Don’t let his life mean nothing,” Smernes said, pleading with Judge Guadagni.

Ratto’s brother, Anthony Smernes composed himself before speaking to the court.

“I’ve done some things in my life that I am certainly not proud of, but I never pointed a gun at a friend and pulled the trigger,” he said.

Gutierrez’s statements from those who know Yadao indicated that they had seen him carry a gun, provide pills for his friends and other incidents of criminal behavior, which he said stemmed from a dysfunctional family.

Gutierrez asked Guadagni to commit the youth to CYA, saying only a year at detention ranch was not long enough for rehabilitation.

“The home of the minor is inadequate and breeds criminal conduct,” he said, adding, that if Yadao was released within a year back into the same environment, he would most likely pick up his criminal lifestyle.

Gutierrez also talked about Yadao’s possible ties to gangs. “The defendant said he had the gun to protect himself from gang members, who he said were harassing him,” he said. “He is a danger to himself and the community. For his own welfare and rehabilitation, and safety of the community, he should be committed to CYA.”

Gutierrez said he did not believe Yadao was remorseful for the death of his friend.

“If he was truly remorseful, he would have tried to save the life of his friend and put his own welfare behind him,” he said. “But he only tried to put the blame on others. He gave investigators conflicting stories about what happened.”

Defense attorney Amy Morton argued that her client was an excellent candidate for the detention ranch.

She told the court that the district attorney’s office did not file the case in adult court, seeking a second-degree murder charge because they knew that did not have sufficient evidence.

She said Yadao was a child going through a divorce.

“The kid was left to fend for himself. The family moved into the Collier Boulevard apartment, which is gang infested,” Morton said.

She also touted Yadao’s accomplishments during his more than one year incarceration in juvenile hall.

“He has been a model inmate, earning his GED. He has assisted in teaching and helping others. We have nothing but glowing reports from the juvenile hall staff,” she said.

Guadagni called the case “difficult.”

“(Yadao) is going down the wrong path, but I give great weight to what the probation workers had to say about him. They have worked with him for more than a year. Yet I must balance public safety with the minor’s rehabilitation,” Guadagni said.

Guadagni said time spent in CYA would not provide much rehabilitation and “could even hurt him when he comes out.”

Guadagni also ordered Yadao pay about $13,000 restitution to Ratto’s mother.

“I expect you to earn money toward that restitution while you are at the camp. Although there is nothing that can ever be done to bring the victim back, I expect you, Mr. Yadao, to dedicate your life to the memory of this person you called your friend,” Guadagni said.

The outcome of Monday’s sentencing disappointed Ratto’s family.

“Two years for killing my baby brother,” Ratto’s brother shouted at Yadao as he left the courtroom.

“I think he got away with murder,” the victim’s mother said. “No justice was served today,” Smernes said. “... He gets to go to a camp for a year, and my son is dead forever.”
18 comment(s)

JimClark wrote on Dec 8, 2007 2:45 AM:

" Collier Blvd. My, that sounds familiar; not one of our more quiet neighborhoods. Seems to be the time for a sweep of this and other neighborhoods; Westwood, St. John's, Pueblo @ California Blvd. and others. Of course our law enforcement would have to put real crime; such as seat belts and helmets aside to eliminate such light weight stuff like burglery, homicide, etc. I'm not a big fan of Mr. Jarvis Peay because of his behavior. He does have a point and seems frustrated by the lack of response. It's difficult to get out from behind the steering wheel of an office that moves on four wheels. Patrol cars may provide a cursory Police presence but, the actual occupants are the ones who are supposed to protect and serve. "

roni8877 wrote on Dec 8, 2007 3:48 AM:

" Well here you are folks! the perfect example of the reduculas way of treating Violent Gang members. . let them get away with murder.. ooops let them have a year at camp for murder!! Your elected Judge did this and will continue to do this until you vote him out of office or recall him. I"m telling you people it would only take one recall attempt against one Judge to get the message out that you will not tollerate gang violence in Napa county. This is such a tragic situation and beyond unjust! "

BILly wrote on Dec 8, 2007 8:09 AM:

" YOU Have got to be kidding??? A year in CYA....he tired to cover it up without making any effort to save the guys life...that is murder.The judicial system here is in big big trouble. Between the women "who forgot " her baby getting off to the guy that shoots his friend and tries to cover it up ???...pathetic, just pathetic.. nice set of judges here in Napa that have way too much power over these types of decisions. I am sick to my stomach "

crazylady680 wrote on Dec 8, 2007 10:15 AM:

" What a joke. My son went to prison for assault and this little monster only gets a year for murder. How much did they pay the judge for that ruling. He should have been tried as an adult and gotten a stiffer sentence. Whose to say when he gets out he won't shoot someone else think about that for a while. For the cops they need more donut places "

AmCan Mom wrote on Dec 8, 2007 11:51 AM:

" Where is Batman when you need him? "

matt68 wrote on Dec 8, 2007 12:03 PM:

" Give me a break! I am sick to death of hearing the complaining about how bad the Napa cops are. There will always be more crooks than cops...always. So how is it the cops fault Mr. Clark that this knucklehead teenager shot his friend. They did their investigation and passed it on to the DA and the courts. And, if you had your way we'd take all the traffic cops away from their duties to sit in one apartment or two apartment complexes thinking that will solve the problem, which we all know it won't. Then you'd have the lack of traffic enforcement to complain about, (most of you do already). That's just one example of all your crying and whining. Please stop it! If you don't like the way things are done, don't whine about it in a blog. DO SOMETHING! Take an acive role in community outreach programs, volunteer at the boys and girls club, be a big brother, or, since you think the cops are so bad, take youeducation a little further and put yourself through the police academy and be a cop. One more thing before I end my venting: roni8877, Judge Guadagni was not elected, he was appointed, just like the rest of the Judges. Next time at least have the right information before you speak! "

roni8877 wrote on Dec 8, 2007 1:21 PM:

" To Matt68 I was under the impression an appointed Judges does eventually have to be elected...I did not know their appointment is for life????If I had my way I would increase the number of police for Napa. . so do not sir, tell me what to think!!! My brother in law was killed in the line of duty as a police officer!! I have worked in community servies for over 50 years. . you are so off the wall with your facts its funny "

Californian Expat wrote on Dec 8, 2007 2:10 PM:

" I knew Rob, so I will not sit by and let you "adults" try to paint some bigger picture about Napa public safety or the leniency of the court system. This was a tragic mistake among friends that were living too hard and too fast. For you to make anything more out of it detracts from Rob's memory and is not something he would have wanted. One life is lost and another has to waste away a year it what is basically a prison for kids. How dare you call for more justice by further ruining another life. Forgive but don't forget and be sure to remember Rob Ratto. Just make sure you do it for the right reasons and not some of your misguided reservations about the Napa crime systems. Shame on all of you. "

2LITL2L8 wrote on Dec 8, 2007 3:18 PM:

" I HAPPEN TO KNOW ALL OF THE GUYS INVOLVED AND NOT ONE OF THEM HAD ANY CONNECTIONS TO ANY GANGS. I AM SICK AND TIRED OF EVERYTHING BEING BLAMED ON GANG ASSOCIATION. PEOPLE SHOULD NOT COMMENT ON WHAT THEY DO NOT KNOW BECAUSE OBVIOUSLY NONE OF THEM WERE VIOLENT GANG MEMBERS AND MY UNDERSTANDING IS THAT THIS WAS AN ACCIDENT WHICH IS WHY IS WAS INVOLUNTARY. "

angel123 wrote on Dec 8, 2007 3:30 PM:

" i stay in the apartmen that this happend,and im also a friend of both rob and daryl. i had talked to both of them just befor it happend they where both setting in the car talking and cracking jocks. its sad how people manipulate the the story....afer the gun went off all you could hear was daryls voice scremming and crying for help...he was crying for somone to call 911....as he took his best friends body in the house,they where more then friends they where like brothers its bad enugh that he has to live with the fact that his friend died in his arms but now he has to deal with people calling him a murderer. i would just like every one to now what you read in the news paper is not always what realy happend... "

disgusted wrote on Dec 8, 2007 3:34 PM:

" Very well said Matt. Although I'm not a big fan of Napa PD,i think many of them are lazy and quite corrupt(and I come to this conclusion from personal experience) they certainly are not the cause of this city's many, many problems.Not to mention the patrol officers do not have as much control over things as people like to think. They basically follow orders. "

innapaand21 wrote on Dec 9, 2007 12:55 PM:

" i also know both Robert and Daryl and have been in contact with Daryl throughout his stay at juvenile hall. Daryl will always remember rob and that tragic night. but Daryl has done everything he can to better himself. he has graduated highschool(with a diploma not a GED), something even he says he wouldnt have done if he was "on the outs" and he helps tutor kids in the hall so they too can succeed. and no Daryl and Rob were NOT gang members! and to assume this is beyond ignorent. we who know both these boys continue to think about them everyday and know in our harts that this was an accident. we miss rob everyday and wish he could be here with us. and as for Daryl, i and many others feel that no ammount of time will "punish" him more than having this tragic burden forever on his mind. "

hawkeye wrote on Dec 9, 2007 4:48 PM:

" I feel compelled to comment here. There are a number of issues with this. The cops aren't the problem. The kids involved are most of the problem and the judge that represents our criminal justice system is part of it too. First off, part of a gang or not, what business does a car full of teens have, possessing a gun? That's problem number one. They had in possession a gun and then were playing with it. Clearly it was an accident, but he knowingly tried to cover it up. Maybe he was scared. But he still could have and should have done the right thing. Now the judge. It seems lately that our local judges are blowing serious crimes off, although it is and has been a nationwide epidemic. There needs to be in place a system of checks and balances of a sort for our judicial system. If a judge is clearly making bad decisions, they need to be made to step down. They shouldn't even be appointed in the first place. They should be required to participate in many mock trials representing different scenarios and if their decisions are questionable, then adios. But then who judges the judges? Hopefully somebody of high marks. "

hawkeye wrote on Dec 9, 2007 6:02 PM:

" So, the kid should pay for the crimes he committed, to the fullest extent of the law. Illegal possession of a firearm, discharge of a firearm in public, involuntary manslaughter and obstruction of justice (by covering his crime up). Oh and let's not forget the drugs. Although he did plead guilty to most of these crimes. Why is he not being punished for those as well? I ask all of you who say he's not part of a gang. Why did he possess a firearm? To protect himself against who? "

angel123 wrote on Dec 10, 2007 4:53 PM:

" i would just like to say to you hawkeye.... come see where i live...i have to fight with people just to keep a pic of rob by the tree where this all happend. just this in the last 3 weeks there has been 3 shooting 2 poeple got stabbed and god only knows how many fights...move over here and see why this boys felt the need for a gun...... "

innapaand21 wrote on Dec 10, 2007 8:38 PM:

" angle- i agree with what u have to say. I too am not a gang member but because of finantial hardships i live in a gang infested part of town. it is difficult. even if you are not involved they try to make you involved and being a young woman i am constntly worried for my safety and the safety of my younger siblings and parents. that is why daryl had the gun. to protect himself and his family from people he had no control over. "

CHADMAD wrote on Dec 10, 2007 11:23 PM:

" Let me tell you some facts... Daryl had more than one gun. One other time, Daryl pointed it at Robert Ratto and pulled the trigger . That time, no bullet. He thought it was FUNNY. Then he gets a stolen gun and points it at Rob and pulls the trigger. This time, bullet and Rob's dead. Not so funny this time. Would Rob still be alive if Daryl had bothered to call 911 instead of his mother? Maybe. Oh, and Daryl does have a Norteno gang friend - Chino. One thing I know for sure, Rob was afraid of Daryl and had stopped hanging around him. He wasn't best friends with Daryl like everyone thinks. If Daryl wanted to be a big boy and play with guns, he should have been locked up with the big boys in prison. It's disgusting that he is going to the "Beverly Hills" of the youth camps...swimming pools and mini bikes...sounds like fun!!!!! "

hawkeye wrote on Dec 11, 2007 7:53 AM:

" Okay, so he lived in a crime and gang infested part of town. In that case I would own a gun too, assuming I was over 18 and mature enough to handle one RESPONSIBLY. But he clearly was not either one. And what about the drugs he possessed? It doesn't take an idiot to figure out that drugs breed more crime. It sounds like he was not part of the solution to the crime there, but rather part of the problem he was trying to protect. So, innapaand21, you say he was protecting himself and his family from crime. Well, he was part of it. There are other ways to protect yourself from crime than owning a gun. A CHILD SHOULD NOT OWN A GUN!! PERIOD. If like you say he was protecting himself and his family, he could have started a neighborhood watch program, become proactive in the community. Or at least MOVE OUT! Believe it or not, there are actually affordable apartments in quiet parts of town. I live in one myself. "

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