SAN JOSE – 36-year-old Michael Joseph Nieto was arrested on May 21, 2013 for five felony counts in which Nieto had committed the offense of assault with a deadly weapon under PC 245 (a)(1), and in which Nieto was participating in association with a street gang under PC 186.22 (b) (1)(B).
On April 13, San Jose Police were dispatched to a residence resulting from a report involving assault with a deadly weapon and child endangerment. Members of a street gang had confronted the victim and her four-year-old, and eight-month-old daughter while sitting in vehicle, the victim sustained minor injuries. Nieto had fled the scene by the time SJPD officers had arrived.
Officers then responded to the area of Cajon and Sebastian Way on a weapons call regarding several individuals who were involved in an assault with a deadly weapon against a female victim. Reportedly, they subjects were throwing large river rocks at several people while crashing their vehicles into a vehicles near the scene. According to SJPD report, officers had located a second vehicle performing a “high risk felony stop”. One witnesses statement revealed that the fight had broke out as a result of retaliation for the suspect dropping out of their gang. A records check revealed that several suspects were known to be associated with Norteno gang members.
Nieto continued to throw large rocks at the vehicle with two other gang members during the time of the attack. The victim was hit several times in his arms from defending himself from the attack.
According to the police report, there had been other times that victim had been confronted by the gang after his release from prison, but he believed this was the first time the gang had become violent towards him.
The victim had spent four years in prison and currently was taking care of his wife and two daughters who were also assaulted during the deadly assault. According to the report filed by the Gang Investigative Unit, “Gang members are known to target and assault those who ‘drop out’ of the gang.”
Gang members Ruben Herrera and Richard Herrera have also been charged with assaulting the victim and his wife.