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dA’s office will not seek death penalty in Stearns Wharf shooting case
By NEIL HARTSTEIN
NEWS-PRESS STAFF WRITER
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The District Attorney’s Office will not seek the death penalty for the only alleged Santa Barbara gang associate charged with personally firing a weapon causing death in the Dec. 9 fatal shooting of an innocent bystander on Stearns Wharf.
Jiram Jhunue Tenorio-Ramon, 22, is charged with murder with the special circumstance of committing the murder to benefit a criminal street gang, and with the special allegation of personal use of a firearm causing death. He also is charged with conspiracy to commit murder and criminal street gang conspiracy.
“He is the only defendant charged with a special circumstance making him death penalty eligible, but our office has already decided not to seek the death penalty,” Senior Deputy District Attorney Tate McAllister told the News-Press.
“Thus, he is now facing a maximum sentence of life without the possibility of parole if he is convicted of both first degree murder and the special circumstance that the murder was committed for the benefit of the Westside gang. “As for why we are not seeking the death penalty, that is a very involved process that involves the evaluation of mitigating and aggravating factors …,” the prosecutor said. “The process involves multiple members of the management team and the assigned prosecutor. The final decision is made by the District Attorney. I cannot be more specific than that without getting into case-specific facts.” He declined to say whether prosecutors are alleging that Mr. Tenorio-Ramon fired the fatal shot that killed Robert
Dion Gutierrez, 52, of Camarillo. “We have alleged that he personally fired a weapon that caused death. That’s all I can say,” the prosecutor said.
Prosecutors allege that Mr. TenorioRamon and his three co-defendants – all alleged Santa Barbara gang associates – engaged in a Dec. 9 firefight with juveniles from Ventura County with alleged ties to Ventura County street gangs. Mr. Gutierrez was walking on the Santa Barbara wharf with his wife at the time, and was caught in the crossfire. He suffered a single gunshot wound and died later at the hospital.
