Judge denies bail to defendant in Stearns Wharf murder case

By NEIL HARTSTEIN NEWS-PRESS STAFF WRITER

One of the four alleged gang associates charged in connection with the fatal shooting of an innocent bystander on Stearns Wharf last month appeared in court Wednesday in a bid to have a judge set bail in his case, but his request was denied.

Unlike his three codefendants, James Lee Rosborough, 21, of Santa Barbara, is not charged with murder in the Dec. 9 slaying of Robert Dion Gutierrez, 52, of Camarillo. But he is charged with conspiracy to commit murder, criminal street gang conspiracy and being an accessory after the fact, with the special allegation of committing the crime for the benefit of a criminal street gang.

He is the first of the four defendants to appear in court following their initial arraignment on Monday. None of the four entered pleas at that time.

Like the others, Mr. Rosborough was ordered held without bail, which is why he came to court Wednesday: to have a dollar bail set. But he failed, prosecutors said.

“The judge denied release and denied bail, and Rosborough will remain in custody without bail,” Senior Deputy District Attorney Tate McCallister told the News-Press Wednesday. “He set his case for 2/17 in Dept. 8 for continued arraignment.” email: nhartsteinnewspress@ gmail.com

Prosecutors allege Mr. Rosborough and his codefendants — Jiram Jhunue Tenorio Ramon, Ricardo Tomas Jauregui-Moreno Jr. and Christopher Dave Miranda, all of Santa Barbara — verbally challenged a group of pedestrians while driving on Stearns Wharf on Dec. 9; stopped their vehicle for the purpose of deploying two of their party to attack the group of pedestrians with a firearm; and discharged a firearm at the group of pedestrians, killing Mr. Gutierrez.

The complaint filed against the four defendants accuses them of fleeing the location of the shooting, two on foot and two by vehicle, and then traveling back to the shooting location in vehicles to extract those who fled on foot to avoid apprehension.

Santa Barbara police responded Dec. 9 to a report of the shooting and found Mr. Gutierrez suffering from a single gunshot wound. He received medical attention at the scene, then was taken by ambulance to Santa Barbara Cottage Hospital for treatment. He was pronounced dead on Dec. 20.