Posted on 05/22/2009 6:23:16 PM PDT by Hugin
Shooter was defending himself with shotgun, DA says
Based on the information provided to the Yolo County District Attorney's Office by the West Sacramento Police Department regarding the Wednesday fatal shooting on Cummins Way in West Sacramento, no charges will be filed against Michael Moniz, 23, at this time. The evidence presented established that Joe Villanueva, 32, who was shot and killed in the attack, initiated the initial confrontation as he stood in the street and began shooting a handgun at people in the front yard of 1101 Cummins Way around 6 p.m.
During that assault, police reported that bullets struck both people and property. The number of rounds fired has not yet been determined.
"While he shot, he was assisted by Ray Martinez, who was near him in the street," according to The DA's Office. "According to the evidence presented, Mr. Martinez may also have been firing a handgun at the property and people in 1101 Cummins Way.
"Evidence presented by the West Sacramento Police Department also established that both men had connections to the Broderick Boys criminal street gang and that the residents of 1101 Cummins Way had been threatened with gang violence the day prior to the attack, perhaps as a result of an ongoing dispute with the residents of 1100 Cummins Way, where Villanueva resided."
The DA's Office reported the evidence presented established that after Villanueva and Martinez began their armed attack on the occupants of 1101 Cummins Way, Michael Moniz obtained a shotgun from inside the home and returned fire, fatally striking Villanueva and seriously injuring Martinez.
West Sacramento police officials reported that two neighbors, not involved in this incident, where shot by stray shotgun pellets. They were both taken to the hospital for non-life threatening injuries. Later another person with a gunshot wound arrived at an area hospital make a total of six persons shot in this incident.
Based on the information presented to this office by the West Sacramento Police Department, according to Supervising Deputy District Attorney Garrett Hamilton, "it is the conclusion of the District Attorney's Office that Moniz's actions were within the established legal doctrines of self defense and defense of others. No charges will be filed at this time.
Among those responding to the scene were the Sacramento Police Department and Sacramento County Sheriff's Department, the California Highway Patrol and the Yolo County Sheriff's Department.
Authorities formed a 1 1/ 2-square-mile perimeter around the neighborhood and searched for any other shooters.
It's ultimate home defense weapon...
Keep it loaded with #4 and 00 buckshot, alternating.
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