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Old 06-18-2006, 01:32 AM
Junior Member
 
Join Date: Jun 2006
Posts: 2
Question murdering while on a weekend pass

Hi!This is only my 2nd time posting in this forum so please forgive me if I say something Im not supposed to.
A few weekends ago a horrible thing happened.My nephew was stabbed and killed outside of our home during his son's 15th birthday party by a gang member.((((messed up thing about it is my nephew is NOT even a gang member & his son & 3 daughters(ages 6,8,& 11)along with about 20 + other kids under the age of 15 saw him get stabbed 3 times in the heart))))Well the circumstances of this tradgety are .........well....i dont know how to say it so here is a copy of the newspaper artical......
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SAN JOSE
Teen on juvenile center furlough held in slaying
16-year-old was given weekend pass for good behavior
- John Coté, Chronicle Staff Writer
Friday, June 2, 2006
San Jose police have arrested a 16-year-old boy suspected of fatally stabbing a Fresno man while the teen was out on a weekend pass from a juvenile detention facility, authorities said Thursday.
Police did not release the name of the juvenile, who was arrested Tuesday and booked into juvenile hall on suspicion of murder.
The teen was on a weekend furlough from the James Boys Ranch in Morgan Hill on Saturday night when he and another suspect allegedly confronted two men outside a party in the 1200 block of Santee Drive in San Jose, police said.
The 16-year-old stabbed both men after an argument turned into a physical fight, police said.
One victim, identified by police as Jimmy Joseph Martinez, 34, of Fresno, died at the scene. Rocky Robert Diaz, 31, of San Jose, suffered minor injuries.
The second suspect -- whom police described as a Latino male, 16 to 20 years old, about 5-feet 8-inches tall with dark hair and a chubby build -- is still at large.
Police said they had not established a motive for the attack.
The 16-year-old had been sent in February to the James Boys Ranch, a minimum-security facility run by the Santa Clara County Probation Department, said Delores Nnam, a department spokeswoman. She declined to say what the teen's original offense was, citing confidentiality laws.
The teen earned a weekend pass after progressing to the rehabilitation facility's top classification tier based on tenure and compliance with program rules, Nnam said.
"He was doing well in the program, which was why he was allowed to go home," she said.
Over the last 10 years, Nnam said, she was unaware of any other teen arrested for a new crime while on a weekend pass.
"It's happened," she said, "but it happens very rarely."
San Jose police Officer Gina Tepoorten countered: "I know we've arrested suspects that have been out of the boys ranch on passes. Maybe not a serious crime, but I know they've been arrested."
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but another thing I cannot fail to mention is that I got it all on video tape.Instinct told me to grab my video camera. I immediately turned it over to the cops.I hoped the video would for surely get these blankity blank blanks caught & justice would be served.However due to the fact we were having a birthday party when the fight broke out about 20 + grown adults & 20+ kids piled out of our house to help Jimmy out.Well the cops say that because there was so many of us & just 2 of them that the killer was scared & defended himself.....thus self defense.No,by the time we came out of the house Jimmy had already been stabbed.And if it was self defense why did these gang bangers stand there throwing up gang signs while my nephew lie dying in the street?
so due to the fact that this kid was on a weekend pass from a juvinal detention center,doesnt the state of calif. have gaurdianship?Wouldnt that make the state responsible?Basically could the state or city be sued?I hate to say this but Im pretty sure someone can be sued for this.And exspecially because election time is near & arnold schwarzenegger doesnt seem to be doing to well here in California in peoples opinions.
So anyone if you have any opinions or suggestions about my situation id greatly appreciate it.My whole family will.Please & thank you !
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