Alleged juvenile gang associates deny charges in s tearns Wharf murder

By NEIL HARTSTEIN NEWS-PRESS STAFF WRITER

Two alleged juvenile gang associates from Ventura County have denied the murder charges filed against them in connection with the Dec. 9 fatal shooting of an innocent bystander on Stearns Wharf.

The juveniles allegedly engaged in a firefight with a group of alleged Santa Barbara gang associates, and the bystander, Robert Dion Gutierrez, 52, of Camarillo, who was walking on the Santa Barbara wharf with his wife at the time, was caught in the middle. A bullet struck him in the head, and he died later at the hospital.

The 15-year-old defendants appeared in Santa Maria Juvenile Court on Tuesday for arraignment on charges of murder in connection with the slaying, with the special allegation that they “discharged a firearm proximately causing death.”

“Both entered denials to the charges,” Senior Deputy District Attorney Tate McAllister told the News-Press. “One had his case set for 3/2 for further proceedings and the other to 3/28.”

A third juvenile, 16, has been charged with being an accessory after the fact to murder, and with illegal possession of an unregistered firearm.

Prosecutor McAllister declined to discuss his arraignment Tuesday.

“I can only speak to the proceedings regarding the two juveniles charged with murder,” he said.

The law prohibits law enforcement officials from discussing anything about juveniles charged with crimes because of their age, but it allows for certain exceptions, one of which is murder, he said.

The three juveniles were arrested by Santa Barbara Police Department officers on Feb. 16. Their arrests were the result of an intense police investigation to identify and bring to justice additional suspects following the Jan. 19 arrest of four adult suspects in Santa Barbara who allegedly were involved in the killing.

Santa Barbara police, assisted by several outside agencies, served search-and-arrest warrants at multiple locations in Ventura and Los Angeles counties. A firearm was recovered in the course of executing the search-and-arrest warrants, but it is not known at this time if the gun was used in the commission of the crime. Police described Mr. Gutierrez as an innocent bystander who was in Santa Barbara with his wife walking on Stearns Wharf “when he was struck and killed by one of the rounds fired during an altercation between two groups of individuals at the base of the wharf.

“One group involved in the altercation has been identified as local Santa Barbara area residents with ties to a local Santa Barbara street gang,” police said. “The opposing group in the altercation has been identified as Ventura County residents with ties to Ventura County street gangs.” email: nhartsteinnewspress@ gmail.com

The four adult defendants charged in the murder case appeared in Superior Court last Friday to enter pleas, but their arraignments were continued to Feb. 27.

nEWs-PRE ss EXCLU siVE

provide an update on the Santa Barbara County EMS Agency Ambulance Service Request for Proposals.

Acting Chair Rodriguez last month made a motion to add the county ambulance contract to February’s agenda. There were two bidders, American Medical Response and the Santa Barbara County Fire Department.

The review panel recommended American Medical Response be awarded the contract.

Santa Barbara County Fire officials filed a protest. The protest was heard by the county’s procurement officer, who ruled against the fire department. A further appeal was generated to the procurement resolution committee.

“Every single fire department in the entire county is behind a county fire-run ambulance service so we are still very hopeful,” Chief Mailes said at the time. “But we know that it is up to this committee and ultimately up to the Board of Supervisors.” The contract is estimated between $100 million to 140 million.

“It is well known that the city does prefer a fire department-based ambulance system,” Chief Mailes said.

After hearing about the ambulance service contract process, Police Chief Kelly Gordon and Commander Kasi Corbett will review for commission members the policies and procedures relating to the department’s citizen complaint process. email: nhartsteinnewspress@gmail.com

This will provide background in advance of the Fire and Police Commission receiving quarterly and yearly reports regarding complaints received by the Santa Barbara Police Department at future meetings.

The commission will not be investigating individual complaints or receiving reports on individual complaints.

After that, Police Chief Gordon and Fire Chief Mailes will brief commissioners on current departmental priorities, data trends and statistics, and upcoming significant issues for future agendas.

The City Council approved the landmark ordinance last October creating the new Fire and Police Commission, assigning it additional civilian oversight duties in an effort to increase accountability, oversight, transparency and public trust.

The commission operates in an advisory role to the council and city administrator in all matters relating to efficient and adequate fire and police protection for the city.

Commission members will also consider along with the fire and police chiefs an annual budget and make recommendations to the city council and city administrator.

Man pleads not guilty to arson in Santa Maria

By NEIL HARTSTEIN NEWS-PRESS STAFF WRITER

A Nipomo man pleaded not guilty Wednesday to felony charges of arson and seconddegree commercial burglary in connection with a weekend rampage in Santa Maria, where he allegedly broke into a courthouse and set a fire inside a courtroom.

The man allegedly set off sprinklers that, together with the blaze, caused an estimated $750,000 in damage.

But for an unspecified reason, the defendant’s arraignment, which started out in Santa Barbara, was transferred to San Luis Obispo County where he appeared before a judge and entered his pleas.

“I can confirm that both of Eric Spies’ cases were transferred to San Luis Obispo

County Court,” Santa Barbara Deputy District Attorney Austin Ingalls told the News-Press. “The court transferred the case to San Luis Obispo County after declaring that it would be a conflict of interest for a Santa Barbara County court/judge to preside over Mr. Spies’ criminal case.”

The prosecutor could not explain why the Santa Barbara County judge believed there would be a conflict if the case were to be heard here.

“The court did not provide a specific basis for the conflict,” he said. “Thus, I cannot tell you specifically why the conflict was declared.”

Despite the transfer, the case still will be prosecuted by the Santa Barbara County D.A.’s Office, Prosecutor Ingalls said. And Mr. Spies will be represented by the Santa

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