4:30 p.m.Although the defense argued 15-year-old Edgar Aguilar was acting in self-defense when he stabbed a known Vallejo gang member to death, the court disagreed and held the American Canyon teen to answer to murder.
Napa Superior Court Judge Stephen Kroyer ruled this morning there was enough evidence presented during the preliminary hearing to hold Aguilar for the Oct. 1, 2007, murder of Manuel Macias, 24.
Aguilar’s attorney, Greg Galeste, argued Aguilar was attacked by a Macias — who is almost twice his size — and Aguilar was only defending himself when he stabbed Macias to death.
Deputy District Attorney Fred Gutierrez painted a much different picture of Aguilar, calling him a known violent gang member who killed Macias in a street gang fight.
Because of the seriousness of the crimes, the court ordered Aguilar to be tried in adult court. Due to his age, however, he is being housed without bail in juvenile hall.
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During the hearing, witnesses testified Aguilar and Macias were documented members of rival street gangs.
The day Macias was fatally stabbed, Aguilar, is a member of the Surenos street gang, and his 14-year-old friend were walking on Elliott Drive in American Canyon to the bus stop to go to Napa.
A car containing Macias, a member of the rival Norteno street gang, along with Jesse Perez — the driver — and Jaime Sabater drove by.
Macias yelled gang slurs at Aguilar and his friend. More gang slurs and signs were exchanged. The men in the car stopped and got out. Macias took on Aguilar, while Perez and Sabater fought with his younger friend.
Macias received one fatal stab wound to his heart. Perez, Sabater and Macias left in their car. Perez called 911 and drove to a nearby service station to wait for an ambulance. Macias was taken to Kaiser Hospital in Vallejo, where he was pronounced dead.
During an interview with law enforcement the day of the stabbing, Sabater picked Aguilar out of a photo line up as the person who was fighting with Macias when he was stabbed.
Gary James, gang investigator with the Napa County District Attorney, testified Macias’ death was the “classic confrontation between Sureno and Norteno gang members. The name calling, the flashing of gang signs leads to violent activity, which in this case, ended in a homicide,” James said.
Galeste argued Aguilar was only defending himself.
“What was he suppose to do in this situation? The autopsy showed Manny (Macias) had cocaine and marijuana in his system. Was Edgar to allow a drugged-out, ex-con beat him up?” Galeste asked. “This guy is on felony adult probation for domestic violence.”
Galeste described Macias as being 24 years old, 5-foot-10 and weighing 215 pounds. “Edgar is a 15-year-old kid about 5-foot-5 and weighs 120 pounds. The victim outweighed him by about 80 to 90 pounds,” Galeste said. “You have a super-heavy weight beating up a feather weight. He had a right to defend himself.”
Galeste said Aguilar never showed the knife until he had been punched at least “five or six times in the face, neck and shoulder by the victim. Edgar believed there was sufficient bodily injury to defend himself. He used any means to ward off the intentional and unprovoked attack.”
Gutierrez disagreed.
“If he’s getting beat up, what about the lack of serious injuries? Mr. Aguilar had some scrapes and bruises. He is not some poor innocent guy. He is a known gang member. The fight started with the usual gang interchanges. He had his knife in his hand, and he wanted to kill someone,” Gutierrez said.
In addition to the murder charge, Kroyer also held Aguilar to answer to assault with a deadly weapon, street terrorism and several special allegations, including gang enhancements, which can add additional years to his prison sentence.
Aguilar faces 25 years to life if found guilty. His arraignment is March 5.
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