WOODLAND — The Yolo County District Attorney’s Office won’t seek the death penalty against the man accused of fatally stabbing a Los Angeles college student in a downtown Davis nightclub last fall.
Victor Vergara is one of six people charged with murder in connection with Peter Alexander Gonzales’ death, but the only one to face enhancements for premeditation and use of a deadly weapon, as well as the special-circumstance allegation that he was an active participant in a Norteño-affiliated criminal street gang when the crime occurred.
Victor Vergara. Sue Cockrell/Enterprise file photo
The special circumstance makes Vergara eligible for either the death penalty or life in prison without the possibility of parole, but prosecuting attorney Garrett Hamilton confirmed in court Friday morning that his office would not pursue capital punishment.
That issue was virtually the only one resolved at Friday’s hearing, where the six defendants — Vergara, Carlos Biviescas, Martyn Contreras, Anthony Rivera, Joseph Sandeno and Zackary Sandeno, all Vacaville residents — were scheduled to enter pleas to charges outlined in a grand jury indictment handed down Sunday.
All six were indicted on murder and criminal street-gang charges following the closed-door grand jury hearing held last weekend. A three-week preliminary hearing scheduled to begin Monday was vacated as a result, stunning and angering defense attorneys who said they had spent the weekend preparing for the lengthy proceeding, only to learn of the indictment Monday morning.
Now, the roles of some of those attorneys are in flux, as several had been retained only through the preliminary hearing stage. John Casey, Biviescas’ attorney, officially withdrew from the case Friday and was replaced by Jeff Raven of the county’s panel of conflict attorneys.
Two others — Thomas Maas, who represents Vergara, and Tim Pori, Rivera’s attorney — said they need time to confer with their clients’ families before proceeding. Vincent Maher, counsel for Contreras, recently filed a motion to be appointed at public expense.
“We typically do not do that,” Yolo Superior Court Judge David Rosenberg said, though he did not immediately rule on the motion.
Several of the defense attorneys also said they were hesitant to have their clients enter pleas before reviewing a transcript of the grand jury hearing, prompting Rosenberg to order an expedited release of the document.
The case is due back in court May 16 for plea entries and resolving the legal representation issues. Pori indicated he may file a motion to bar media cameras from future court proceedings to avoid tainting the jury pool or witnesses in the case.
“I’m concerned about that, because identity is going to be a big issue, I think,” Pori said, although Rosenberg noted that the defendants’ photographs already have seen widespread publication since their arrests following the Sept. 19, 2015, homicide.
Gonzales, 23, had been visiting Davis for his sister’s weekend wedding celebration and was on a night on the town with members of the wedding party when an altercation broke out at the KetMoRee nightclub at Third and G streets.
His family said Gonzales was rushing to the aid of his two brothers, who were caught up in the scuffle, when he was fatally stabbed.
Henry Gonzales, the victim’s father, said he respects the DA’s decision not to seek the death penalty in the case.
“I am in full support of the District Attorney’s Office and will stand by the decisions to prosecute these terrorists and bring them to justice,” Gonzales said. “I will do all that I can to spare the rest of the community from losing their son, their brother, their cousin, their best friend.”
He added that his family continues to struggle with his son’s death.
“My son Peter has been ripped from me. He will no longer see the light of day, no longer comfort the girl he loved, will no longer play with his nieces and nephew,” Gonzales said.
“I have great expectations for my children, especially Peter. He would have contributed greatly to society, and now his mother is tortured every day by his absence.”
— Reach Lauren Keene at lkeene@davisenterprise.net or 530-747-8048. Follow her on Twitter at @laurenkeene