| For Immediate Release Case # 06CF2031
June 17, 2009 |
Susan Kang Schroeder Public Affairs Counsel Office: 714-347-8408 Cell: 714-292-2718 Farrah Emami |
GANG MEMBER CONVICTED OF SPECIAL CIRCUMSTANCES MURDER OF BLIND ALBINO ARMENIAN IN PLOT WITH TWO CO-DEFENDANT GANG MEMBERS TO STEAL CAR
SANTA ANA – A gang member was convicted today of murdering a blind Armenian albino with the help of two co-defendant gang members in a plot to steal the victim’s car and sell it for parts. Aurelio Fidencio Saldivar, 30, Costa Mesa, was found guilty by a jury of one felony count of first-degree special circumstances murder that the murder was committed for the benefit of a criminal a street gang and in furtherance of a robbery. The jury also found him guilty of one felony count of street terrorism, and sentencing enhancements for vicariously discharging a firearm causing death and personally discharging a firearm causing great bodily injury. He faces a maximum sentence of life without the possibility of parole at his sentencing on Aug. 28, 2009, at 9:00 a.m. in Department C-35, Central Justice Center, Santa Ana.
Co-defendants Marco Antonio Charcas-Fernandez, 23, Santa Ana, and Ruben Alejandro Oliveros, 28, Santa Ana, are charged with one felony count of special circumstances murder during the commission of a robbery for the benefit of a criminal street gang, one felony count of street terrorism, and a sentencing enhancement for criminal street gang activity. Charcas-Fernandez and Oliveros face a maximum sentence of life without the possibility of parole if convicted. Charcas-Fernandez is scheduled for trial July 6, 2009, in Department C-35. Oliveros is scheduled for sentencing on Oct. 16, 2009, at 9:00 a.m., in Department C-35.
Co-defendants Anthony Raleigh Chargualaf, 47, Santa Ana, Jose Ramirez Muniz, 40, Santa Ana, Danny Salas Oliveros, 45, Santa Ana, and Victor Alphonse Enciso, 33, Santa Ana, are charged with one felony count of being an accessory after the fact and a sentencing enhancement for criminal street gang activity. Chargualaf pleaded guilty Jan. 1, 2007, and was sentenced to 247 days in jail and three years probation. Muniz and Enciso have agreed to testify truthfully to their knowledge of this incident. Danny Oliveros faces pre-trial on Aug. 28, 2009, at 8:30 a.m. in Department C-57. Muniz, Danny Oliveros, and Enciso face a maximum sentence of eight years in state prison if convicted.
Oliveros, a member of a Latino criminal street gang, plotted to steal a car with Charcas-Fernandez and Saldivar belonging to fellow gang member Raffi Yessayan. Yessayan, an Armenian albino who was legally blind, owned a black Nissan sedan with custom rims and frequently had to be driven by friends in his car due to his blindness. At approximately 9:30 p.m. on June 6, 2006, Oliveros, Charcas-Fernandez, and Saldivar were driving with the victim in his car with the intention of stealing it.
While riding in the car, Yessayan became involved in a verbal argument with Oliveros. The defendant pulled the car over into a parking lot in Orange. Oliveros shot the victim once in the back of the head. When Yessayan fell to the ground, Saldivar took the gun and shot the victim again in the head. The defendant left Yessayan in the parking lot and fled the scene with Oliveros and Charcas-Fernandez. Saldivar and the two defendants stole his car and had it dismantled to sell the parts. The victim, who turned 26 years old the day before, was discovered by joggers the following morning.
After the murder, Danny Oliveros, Ruben Oliveros’ brother, is accused of helping to destroy evidence by instructing Muniz to dismantle the car. Muniz is accused of allowing Oliveros, Charcas-Fernandez, and Saldivar to use his home, which he also used as a metal scrap yard, to dismantle the car.