|For Immediate Release
Case # 09CF2203
September 17, 2009
|Susan Kang Schroeder
Public Affairs Counsel
THIRD-STRIKER GANG MEMBER ON PAROLE TO BE ARRAIGNED FOR ASSAULTING MAN WHO ASKED HIM AND TWO OTHER GANG MEMBER CO-DEFENDANTS TO STOP TAGGING A WALL WITH GRAFFITI
*The two gang member co-defendants have already been arraigned on this case
SANTA ANA – A third-striker gang member on parole is to be arraigned tomorrow for assaulting a man who asked him and two gang associate co-defendants to stop tagging a wall with graffiti. Nicolas Alex Duran, 35, Santa Ana, is charged with one felony count of aggravated assault, one felony count of street terrorism, and a sentencing enhancement for criminal street gang activity. Nicolas Duran is a third-striker with three prior strike convictions of a 1994 robbery, 1994 aggravated assault, 1999 criminal threats, and sentencing enhancements for not remaining free for five years after serving a prison sentence. He faces a maximum sentence of 37 years to life in state prison if convicted. Nicolas Duran is being held on $1 million bail and is scheduled for continued arraignment tomorrow, Friday, Sept. 18, 2009, at 8:30 a.m. in Department C-57, Central Justice Center, Santa Ana.
Gang member co-defendants Alejandro Justin Duran, 34, and Manola Mauricio, 16, both of Santa Ana, are each charged with one felony count of aggravated assault, one felony count of street terrorism, and a sentencing enhancement for criminal street gang activity. Alejandro Duran, who is Nicolas Duran’s brother, has one 1995 prior strike conviction for first degree burglary and faces a sentencing enhancement for not remaining free for five years after serving a prison sentence. Alejandro Duran and Mauricio, who was direct filed as an adult, are both scheduled for pre-trial on Sept. 25, 2009, at 8:30 a.m. in Department C-55, Central Justice Center, Santa Ana.
At approximately 2:00 a.m. on July 14, 2009, the 38-year-old victim was walking home on the north side of McFadden Avenue near the intersection of Orange Avenue in Santa Ana. The defendants Nicolas Duran, Alejandro Duran, and Maurcio are accused of tagging a wall with graffiti located on the south side of the same intersection. The victim asked the defendants to stop tagging the wall. The defendants are accused of chasing the victim, throwing him to the ground, stabbing him twice, and repeatedly punching and kicking him. The defendants fled the scene. A witness called 9-1-1 and Santa Ana Police Department (SAPD) officers responded to the scene. The victim was transported to the hospital and treated for two stab wounds to his abdomen and multiple contusions.
Further investigation by SAPD detectives led to the identification and arrests of the defendants. On Sept. 1, 2009, SAPD officers arrested Maurico outside of his home. On Sept. 3, 2009, both Nicolas and Alejandro Duran were arrested by SAPD officers outside their home.
Deputy District Attorney Steven Schriver of TARGET is prosecuting this case.