Jun 25, 2008

Driver in 2005 killing found guilty of murder

By Melissa McRobbie and Caitlin Cassady / Bay City News

A 23-year-old Redwood City man was found guilty of second-degree murder Tuesday for his involvement in the killing of 21-year-old Francisco Rodriguez in July 2005.

San Mateo County Chief Deputy District Attorney Steve Wagstaffe said Faustino Ayala faces 15 years to life in prison for the second-degree murder conviction.

In addition, he faces another 25 years to life because the jury found him guilty of allegations that the murder was committed for gang purposes and that a firearm was used for gang purposes.

Ayala is not suspected of pulling the trigger, Wagstaffe said.

"He wasn't the shooter, he was the driver," he said.

The murder happened on July 12, 2005 when a car full of people wearing bandanas drove up to Rodriguez's home on Poplar Avenue in Redwood City as he was working in the front yard with his brother-in-law and a friend.

One of the car's occupants jumped out and shot Rodriguez once in the back of the head, then fled in the vehicle, prosecutors said.

Prosecutors said Rodriguez was a former Norteno gang member, targeted by his Sureno assailants.

The shooter is believed to have been Josue Raul Orozco, now 17. Orozco is at large, having escaped from the San Mateo County Youth Services Center on Feb. 14.

Wagstaffe said three other people were involved in the murder, including Orozco's younger brother, 16-year-old Juan Orozco.

Juan Orozco and the other two, 18-year-old Daniel Vargas and 17-year-old Edgar Alvarez, were sentenced last year and are in the custody of the California Youth Authority. They will serve up to age 25, Wagstaffe said.

Ayala will appear before San Mateo County Superior Court Judge Barbara Mallach for his sentencing at 9 a.m. on Aug. 11.