SAN JOSE – 21-year-old Ricardo Angle Espana and 22-year-old Jose Garcia Jr., are both facing charges under PC 664 – 187, 189 and 186.22 (b) (5) for attempted murder using a shotgun that had been modified with a short barrel. The two defendants are facing a possibility of 15-years for the attempted homicide, but also face a possible addition of 10-years, which would result a 25-life sentence under PC 12022.53 (d) for the use of a gun during the attack of an unarmed victim.
On July 13, 2013 Espana and Garcia were seen driving through a neighborhood located near S. King Road and Los Suenos Ave in San Jose California. Several witnesses recalled seeing two Hispanic males driving a black 4-door sedan several times through the neighborhood and acting suspicious.
According to the Felony Gang Unit, it was believed that both assailants in this case were known gang members associated with the “Norte” Gang. It is also believed that Espana, and Garcia were participating in criminal gang activity, further fueling gang violence in the area in order to further benefit local gang members by intimidating possible rival gang members under PC 186.22 (b) (1) (A). The charges stem from the attack during which time Espana decided to fire several shots into a garage where several people were hanging out.
Residents inside the garage allegedly watched as Espana raised a modified shotgun above the car door and began to fire at them. Witnesses recalled hearing three shots fired. One victim was shot near his right eye, he later lost his eye due to the injury. Another witness at the scene gave a statement saying, “Something was up.”
The witness believed the driver and passenger were acting suspicious. Several people were hanging out in the garage area and the victim was asleep in a chair when friends yelled, “They’re gonna shoot.” That is when the several of the occupants began running away from the area. One witness recalled that the passenger was wearing a black hoodie in order to hide his face during the attack.
Patrolling officers quickly responded to a 9-1-1 call reporting shots fired. Local law enforcement officers identified two possible suspects in a black 4-door sedan heading towards the highway 280 South bound exit at a high rate of speed. Once SJPD officers pulled behind the suspects, Garcia began to exit onto the highway at speeds of excess of 95 – 105 mph. During the chase, Espana had thrown a short barreled Remington 870 pump-action 12 gauge shotgun from the passenger window.
Other officers responded to the area retrieved the weapon from the roadway.
A surefire flash light was also found near the gun where it had broken off from the impact of hitting the pavement. Both objects were taken into custody for forensic fingerprint testing.Several patrolling officers were called to help initiate a high- risk car stop. Once officers were able to stop the suspects near the Blossom Hill and 85 Exit, Espana kept laughing and smiling at officers as they tried to take him into custody. Under police restraint, he continued to fight with officers by refusing to surrender his right arm to be cuffed. Espana continually became combative against officers by fighting and swearing, until several officers were tactically able to subdue him.
According to the report, “Other officers had gained control of the suspects left arm, and we then placed the suspect into handcuffs.”
Both suspects were booked into the Santa Clara Main Jail and are currently waiting a preliminary hearing set for August 6, 2013 in Dept. 35 at 1:30 p.m. It was recommended by the DA’s office that both defendants be denied bail due to the mayhem caused by the violent-natured suspects in this case. The Santa Clara Alternate Defenders Office has been appointed to the case.