A Carpinteria man charged with murder in a shooting that killed two Santa Barbara teenagers has fought prosecutors’ attempts to try him in adult criminal court, and appellate court judges recently ruled that the juvenile court must hold another hearing to decide where the case ends up.
Four people were wounded in a Jan. 3, 2021, shooting on the 1220 block of Liberty Street in Santa Barbara, and two of them died of their injuries: Angel Castillo, 17, and Omar Montiel-Hernandez, 18.
In April of that year, three men were arrested and charged with murder, including Angel Eduardo Varela, Oscar Martin Trujillo-Gutierrez, and Emilio Perez, all of Carpinteria.
All three are alleged members of the Carpas street gang of Carpinteria and are members of the same family, according to the appellate court documents.
Perez was 18 at the time of his arrest, but 17 when the shooting occurred, so he was charged in the juvenile justice system.
The District Attorney’s Office got his murder case transferred from juvenile court to criminal court about a year ago, which Perez’s attorneys appealed.
Last week, appellate court judges released a decision calling for a new hearing to decide if this case will be decided in juvenile or criminal court. They noted there has been a change in the threshold for trying juveniles as adults.
That new hearing hasn’t been scheduled yet, said prosecutor Tate McCallister, a senior deputy district attorney for Santa Barbara County.
To transfer a case to adult court, a judge has to find evidence that a juvenile is not suitable for rehabilitation based on Welfare & Institutions Code criteria, he said. The changes that went into effect this year make that standard of proof a “clear and convincing” standard.
It’s been almost two years since their arrests, but there still hasn’t been a preliminary hearing for Varela and Trujillo-Gutierrez’ cases, which is a hearing for a judge to hear evidence and decide if defendants are held to answer to the criminal charges.
There’s a preliminary hearing setting date set for April 24 in Superior Court.
Regarding the delay for these cases, McCallister said, “part of it was getting through the discovery process, and part of it was waiting to see what happens here.”
If Perez’s case stays in criminal court, it could be tried with the co-defendants in one trial.
However, Perez’s attorney could appeal that transfer again, and the District Attorney’s Office would have to reassess how it moves forward with the adult defendants in the meantime, McCallister said.
“Even though the appellate process for this issue is supposed to be expedited, it still took a year almost,” he said this week.
Appellate Court Documents Share Details of Murder Allegations
On Jan. 3, 2021, several alleged Eastside gang members were gathered outside on Liberty Street in Santa Barbara. (The mother of one of the shooting victims said at the time that her son, Angel Castillo, a Santa Barbara High School student, was not a gang member.)
A blue Jeep drove by the group, and the driver was wearing a cap with a “C” on it, indicating membership of the Carpas gang, according to appellate court documents.
Soon after, two men approached on foot, wearing “C” caps, and one of them shot a gun at the group, according to appellate court documents.
Investigators tracked the blue Jeep and the gun used in the shooting to Varela, according to court documents.
In an interview with a police detective, Perez apparently admitted he drove the Jeep on the day of the shooting and had two family members with him.
He told police, “They told him to drive in circles, but they did not tell him what was about to happen,” according to court documents. He expected a fight, but didn’t know the others had a gun with them, he told police.
“E.P. said he did things for his family out of loyalty,” court documents said.
A judge approved transferring the case to criminal court from juvenile court, partly based on Perez’ age – almost 18 – and the seriousness of the charges. Another issue of consideration was whether he knew there would be a shooting.
“When E.P. dropped off Angel V. and Oscar T., he would not expect that two Carpas gang members were going to take on four Eastside gang members in Eastside territory using only their fists. E.P. knew Angel V. owned guns,” appellate court documents said.
Perez was “personally humiliated” in a March 2020 incident in which Eastside gang members with blunt instruments chased a group of Carpas gang members into a Carpinteria market, according to court documents.
One of those Eastside members was shot and injured on Jan. 3, 2021.
Three additional arrests have been made in connection with the fatal shooting.
Fernando Gutierrez of Carpinteria, an alleged gang associate of the three men accused of murder, was charged with street terrorism, being a felon in possession of an assault weapon and ammunition, and illegally manufacturing/assembling a firearm.
Edgardo Romero of Ventura pleaded guilty in August 2021 to accessory and gun-related charges, including unlawful assault weapon activity; possession of assault weapon; and illegally manufacturing/assembling a firearm.
Jasmine Ochoa of Carpinteria was charged with aiding, assisting and harboring her boyfriend, Varela, after the shooting, and she pleaded guilty to accessory last year.
