The murder trial for the Santa Barbara man accused in a 2022 Stearns Wharf shooting ended in a mistrial on Tuesday due to a hung jury, according to the District Attorney’s Office.
Jiram Tenorio Ramon, 25, of Santa Barbara, was charged with murder for allegedly fatally shooting Robert Dion Gutierrez on Dec. 9, 2022.
A jury must vote unanimously for criminal verdicts, and county District Attorney John Savrnoch said the panel voted 11-1 to convict Tenorio Ramon of murder. Superior Court Judge Pauline Maxwell declared a mistrial due to the jury deadlock.
Savrnoch confirmed that the District Attorney’s Office will move forward with a retrial.
Senior Deputy District Attorney Tate McCallister, who prosecuted the case, said the next proceedings are scheduled for Sept. 4, when new trial dates will be discussed.
The Santa Barbara Superior Court trial began on July 21, and the jury started its deliberations on Aug. 6.
Police say Gutierrez was a bystander who was fatally shot on Stearns Wharf during a shootout between alleged rival gangs.
Gutierrez, a 52-year-old Camarillo man, was a husband and father of two visiting Santa Barbara with his wife for their 20th wedding anniversary.
During the trial, McCallister described Tenorio Ramon as someone eager to prove himself to become a full member of the Westside Santa Barbara gang.
“This was an old-fashioned Wild West gunfight,” McCallister told the jury during closing arguments.
According to witness testimony, the altercation started after Tenorio Ramon and his friends were driving along the pier to Cabrillo Boulevard and noticed a group of teens on the wharf they believed were in a rival gang. Authorities identified the other group as teenagers from Ventura.
According to testimony from people in the car, one of the passengers flashed a gang sign at the other group, which started the altercation.
The three other passengers testified that Tenorio Ramon told the driver to stop the car near the entrance to Stearns Wharf, and he exited. The other group began shooting at Tenorio Ramon, and he fired back, according to trial testimony.
The District Attorney’s Office charged Tenorio Ramon with murder and special allegations of street terrorism, committing the crime for the benefit of a street gang, personal and intentional discharge of a handgun causing great bodily injury or death, and committing the alleged offense while on felony probation.
Throughout the trial, the prosecution laid out evidence for Tenorio Ramon’s gang affiliation. The gun allegedly used in the shooting was found at the home of a Westside gang member whom Tenorio Ramon had been communicating with about how he could join the gang.
Deputy Public Defender George Steele, who represented Tenorio Ramon, argued that his client was in fear for his life the night of the shooting. According to witness testimony, Tenorio Ramon was hanging out with friends and went to the wharf to smoke and drink.
Steele said the event was tragic but argued the shooting was an act of self-defense after the Ventura group fired their guns.
Tenorio Ramon remains in the custody of the Santa Barbara County Jail.