‘Someone’s going to get hurt’: Testimony points to motive in alleged Oceano gang killing
Three alleged members of the Oceano 13 street gang ambushed and fatally shot a 41-year-old man over a long-standing “beef” that escalated over a runaway family member, testimony presented in San Luis Obispo Superior Court shows.
A six-day preliminary court hearing concluded late Monday in the cases of brothers Robert and Gabriel Garay of Oceano, and Nathaniel Jara of Avila Beach, with a judge ordering each to face trial and agreeing that prosecutors presented enough evidence to prosecute the trio on gang-related murder charges that could send them to life in prison, if convicted.
According to testimony presented over the week, Robert Garay, 29, is alleged to have fired the two gunshots that struck Daniel Fuentes Sr. in the back, lodging bullets in his groin and small intestine in April 2019. Gabriel Garay and Jara are alleged to have accompanied Robert Garay and assisted in the killing.
After being shot, Fuentes collapsed inside a neighbor’s home in the 2200 block of Beach Street after knocking on the door and telling the residents inside he had been shot.
All three defendants are facing charges of first-degree, premeditated murder and street terrorism, as well as a sentencing enhancement for the alleged use of a firearm.
The murder charge also carries sentencing enhancements for allegedly being committed for the benefit of a street gang, Oceano 13. Fuentes was not a gang member, according to testimony.
Under state law, the county District Attorney’s Office could have pursued the death penalty for the alleged murder because of the enhancements, but announced in January that it would not seek capital punishment.
Few details had been released about the case prior to the preliminary hearing, in which prosecutors called key witnesses — including County Jail inmates testifying under pseudonyms — in order to establish probable cause to pursue each charge at trial.
Following the hearing, Superior Court Judge Jacquelyn Duffy held the three defendants to answer on each of the charges and enhancements.
They remain in custody at the County Jail, where court records show Robert Garay picked up another felony charge for allegedly conspiring with a woman to smuggle a methamphetamine-soaked letter into the facility. He’s pleaded not guilty.
DNA, residue and social media link defendants to crime
Members of Fuentes’ family have attended almost all of the hearings in the case, some wearing black memorial T-shirts with his photograph.
Amid coronvirus safety measures at the San Luis Obispo Superior Courthouse, Yara and the Garay brothers sat shackled and masked in their orange jail jumpsuits next to their defense attorneys and investigators, in packed courtrooms with two prosecutors, their head investigator, as well as an increased detail of bailiffs, and several court staff.
At one point, Duffy moved proceedings to a larger courtroom to accommodate safely seating the public and members of the media in attendance.
Each defendant appeared engaged in their defense, frequently appearing to comment to or ask questions of their counsel.
The Tribune did not have a reporter in the courtroom for the majority of the hearing.
On Sept. 28, Duffy heard testimony from San Luis Obispo County sheriff’s Det. Chad Guiton, who said that he conducted a search of Facebook records in the case and found alleged threats made by Robert Garay against Fuentes.
In a Facebook message with a person Guiton said is a known gang member out of Oceano, Robert Garay allegedly responded to a question asking Garay whether they should “smash (Fuentes) on sight.”
“F--k that fool,” Guiton testified Robert Garay wrote. “On sight. He pulled a knife on my little brother,” referring to Gabriel Garay.
Photos found online showed Robert Garay with other individuals who were throwing up gang signs, the officer testified. Under cross-examination by Jara and Gabriel Garay’s defense attorney, Guiton said he didn’t find any photos of their clients’ showing gang signs.
Guiton said he also reviewed text messages on Fuentes’ phone, which showed that about a month before the shooting, there were concerns among Fuentes and family members that one female family member reported as a runaway was hanging out with the Garay brothers.
In the exchange, Fuentes said he already had a “beef” with the Garays over some issue with the family member.
“This is a long-ass thing that’s been going on between us and someone’s going to get hurt,” Fuentes wrote in a text, according to Guiton. Fuentes was not a gang member, according to testimony.
Tensions mounted until April 2, the day before the shooting, when texts show that a family member of Fuentes reached out to a mutual friend who was also friends with the Garays, telling the person to “leave Daniel out of it.” According to Guiton, that person said it was already too late and that Fuentes “had trouble with his homeboys already.”
About 30 minutes after the shooting, online records for Jara showed that he messaged a friend, saying he needed to get out of the Five Cities area as soon as possible, Guiton said.
In the two days following the shooting, search data retrieved from Garay’s Google account shows he searched for the terms “Oceano homicide” roughly 20 times, Guiton testified.
Deputy District Attorney Danielle Baker presented the court with surveillance photographs appearing to show Robert Garay at a Grover Beach liquor store in a gray long-sleeved shirt shortly after the killing, less than two miles from where Fuentes was shot.
About a week after the shooting, a Sheriff’s Office deputy stopped a vehicle with all three defendants inside. The gray shirt Robert Garay appeared to be wearing in the liquor store was also found in the car and tested for gunshot residue.
Two residue particles were found on the shirt, and a cigarette butt found at the scene of the shooting showed “strong evidence” of a DNA match to Robert Garay, Guiton testified.
The three defendants are due back in court Nov. 18.
