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The shooting of a Gilroy man Sunday - reportedly because he and his friends didnt speak English - could conceivably be prosecuted as a hate crime, according to a Santa Clara County deputy district attorney.
Nevertheless, that would be hard to prove in court, said Deputy District Attorney Frank Carruba.
It would be especially hard, he said, if prosecutors also allege that Leon Martinez, 22, of Salinas, fired the shots for the benefit of a criminal street gang. A gang enhancement on a violent felony charge can add 10 years to the defendants prison sentence, according to the state Penal Code. A hate crime can add up to three years.
Police said Monday they suspected Martinez may belong to a gang of Norte'os, U.S.-born Hispanics who oppose Sure'os, or Mexican nationals. Martinez was wearing red, the Norte'os color of choice, at the time of the shooting, according to police.
http://gilroydispatch.com/news/newsview.asp?c=117750
Nevertheless, that would be hard to prove in court, said Deputy District Attorney Frank Carruba.
It would be especially hard, he said, if prosecutors also allege that Leon Martinez, 22, of Salinas, fired the shots for the benefit of a criminal street gang. A gang enhancement on a violent felony charge can add 10 years to the defendants prison sentence, according to the state Penal Code. A hate crime can add up to three years.
Police said Monday they suspected Martinez may belong to a gang of Norte'os, U.S.-born Hispanics who oppose Sure'os, or Mexican nationals. Martinez was wearing red, the Norte'os color of choice, at the time of the shooting, according to police.
http://gilroydispatch.com/news/newsview.asp?c=117750