Orange County District Attorney
Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
For Immediate Release
July 7, 2009
Susan Kang Schroeder
INDICTED FUGITIVE GANG MEMBER EXTRADITED
TO ORANGE COUNTY FROM NEW MEXICO FOR MURDERING ONE MAN AND SHOOTING TWO
OTHERS IN 2000 AT HOUSE PARTY
*Five additional gang member co-defendants have been indicted in this case
SANTA ANA – An indicted fugitive gang member was brought back to Orange County late yesterday after being arrested in Roswell, NM, on a warrant for murdering one man and shooting two others at a backyard house party in 2000. Johnny Losoya, 31, was arrested for domestic disturbance on June 19, 2009, by the Roswell Police Department and held on the Orange County warrant.
The indictment against Losoya and five co-defendant gang members includes one felony count of special circumstances murder for the benefit of a criminal street gang, two felony counts of attempted murder, one felony count of street terrorism, and sentencing enhancements for criminal street gang activity and the vicarious discharge of a firearm causing death as a gang member. If convicted on all counts, each of the six defendants face a maximum sentence of life in prison without the possibility of parole.
Losoya was indicted as a fugitive on May 29, 2009, along with three other defendants including Daran Gudehus, 34, Soquel, Santa Cruz County, who was arrested March 5, 2009, Daniel Cervantes, 24, Buena Park, who was arrested March 17, 2009, and Gilbert Montijo, 27, formerly of Anaheim, who was in custody on an unrelated case at the time of the indictment.
Two defendants were indicted on Jan. 29, 2009, including Steve Morales, 26, Orange, who was arrested Feb. 5, 2009, and Eddie Ayache, 26, Anaheim, who was in custody on an unrelated gun case at the time of the indictment. Ayache, who was arrested in Cypress on Jan. 9, 2009, for an unrelated case of one felony count of possession of a firearm by a felon, an additional felony count of street terrorism, and one misdemeanor count of resisting and obstructing an officer.
The defendants are being held without bail. Ayache and Morales are scheduled for jury trial on Sept. 14, 2009, at 9:00 a.m. in Department C-40, Central Justice Center, Santa Ana. Gudehus and Cervantes are scheduled for a pre-trial hearing on July 10, 2009, at 9:00 a.m. in Department C-40, Central Justice Center, Santa Ana. Montijo is currently in state prison and will be brought to Orange County to face charges.
Circumstances of the Case
At approximately 11:00 pm. on Nov. 18, 2000, the defendants went to a backyard birthday party at a house located at 8127 Stanford Avenue in Garden Grove. The defendants were not closely associated with anyone at the party. Shortly after arriving, the defendants are accused of starting a verbal argument with several people affiliated with other gangs at the party after yelling out the name of their Anaheim cri