A man charged with a fatal shooting in Old Town Orcutt entered a not-guilty plea Wednesday afternoon in Santa Barbara County Superior Court, while his wife pleaded no contest to being an accessory to the crime that left Anthony “Tony” San Juan dead.
The hearing for Mayra Perez, 29, occurred first in Judge Gustavo Lavayen’s courtroom, where she pleaded no contest to being an accessory after the fact and was ordered to return for sentencing at 1:30 p.m. Aug. 2
A short time later, her husband, Jonathan David Highley 35, appeared in court where he pleaded not guilty to murder and assault with a firearm. He also denied several special allegations.
They were taken into custody hours after the fatal shooting of the 43-year-old San Juan in a parking lot behind Elmer’s bar in Old Town Orcutt on March 4.
Deputies were called to the bar on East Clark Avenue after a report of a man with a gun at 1:30 a.m., and later a shooting.
When they arrived, deputies found San Juan on the ground in the parking lot with a gunshot wound.
Highley is accused of firing the gun that killed San Juan, while Perez reportedly responded to his late night phone call and returned to Orcutt from the San Joaquin Valley. They lived in a townhouse in a neighborhood behind the bar.
When Perez returns to court this summer, she could face a sentence ranging from probation to three years in state prison, although that would be served in county jail due to Assembly Bill 109 legislation.
“There is no agreement between my office and Ms, Perez as to testimony, sentencing, anything,” Deputy District Attorney Anne Nudson said.
Perez, who was represented by attorney David Bixby, spoke softly as she agreed to her no-contest plea before an audience member, believed to be a relative of the defendant, ran out of the courtroom while sobbing.
With no deal in place, the sentence will be handed down by the judge, who typically receives a recommendation from the Probation Department.
For the purposes of sentencing, a no-contest plea is treated like a guilty plea.
In a previous hearing, authorities said she had no criminal record.
Highley, who also remains in jail custody, was ordered to return to court July 19 when a date for the preliminary hearing will be set.
For Wednesday’s hearing, Deputy Public Defender Addison Steele filled in for colleague Mark Owens, who was in the middle of a trial in Santa Barbara.
Highley and Perez are parents of four children who reportedly are now being cared for by relatives.
Family members of San Juan also were in court for Wednesday’s hearing, which was set for 8:30 a.m. but occurred at approximately 4 p.m. due to a busy calendar and other matters.
San Juan, who graduated from St. Joseph High School and later Fresno State University, worked for Crop Production Services on the Central Coast.
He and his wife of 15 years, Sara, have two children.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.