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Crime & Safety

GANG SHOOTING UPDATE: No Plea Entered Today, Family Hires New Attorney

21-year-old suspect appeared in San Mateo County Superior Court today.

Update: On Oct. 12, DeLeon appeared in San Mateo County Superior Court. On that date, the court scheduled him to be arraigned on Nov. 15 at 1:30 pm and to set a preliminary hearing date.

Christian Serrano DeLeon, identified by authorities as the gunman who on Aug. 14 in Half Moon Bay, appeared in San Mateo County Superior Court on Monday afternoon to face charges of attempted murder with a criminal street gang enhancement.

San Mateo County District Attorney Steve Wagstaffe said that DeLeon faces three counts attempted murder with a gang enhancement, three counts of felony assault with a firearm, and possession of marijuana for sale in connection with the Aug. 14 incident.

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Wagstaffe said that during this incident there was an additional victim was standing in the area of the shooting in addition to the two victims who were actually shot. 

"After further investigation, we were able to determine that he was within the 'shooting zone,'" Wagstaffe said, who defined the shooting zone as an area close to where the two victims got shot and an area where the third person could have been shot at.

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"Under the law we are able to charge the defendant for attempted murder and felony assault with a firearm for the third victim who was not actually struck by a bullet," he said. 

DeLeon is also facing charges of one count felony assault with a gang enhancement, one count felony illegal possession of a dangerous weapon, and one count felony gang activity in connection with an incident for another incident that took place in Moss Beach on December 27, 2010, according to Wagstaffe.

Currently in custody on no bail, DeLeon appeared in the Redwood City courtroom wearing a plain red jail-issued shirt — a contrast to the other five individuals in custody wearing orange who appeared next to him, waiting to be arraigned on separate cases.

Court commissioner Stephanie Garratt announced that Tom Deremigio, DeLeon's assigned private defender through the San Mateo County Bar Association, was being relieved by defense attorney Donald Kelly.

Kelly is a family-retained attorney hired by DeLeon's family, according to San Mateo County District  Attorney Steve Wagstaffe.

DeLeon did not enter a plea in today's previously scheduled arraignment.

Instead, his plea was set to be entered on October 12 at 1:30 p.m. A preliminary trial hearing will be set during that time as well.

Because DeLeon is currently facing charges in the 2010 case which are similar to that of the Aug. 14 incident, Wagstaffe said this afternoon that the law does allow cases to be consolidated into one trial, which the county would be interested in pursuing if possible, he said.

However, Wagstaffe said, DeLeon's 2010 case is set to go to trial on Oct. 24, and the pre-trial for that case will be heard in county court on Sept. 27.

"If his defense attorney agrees to [consolidation], we will combine the two cases," Wagstaffe said.

Consolidating the two cases would require some discussion, Wagstaffe said, as the court will not be able to get through DeLeon's preliminary hearing for the Half Moon Bay gang shooting incident by Oct. 24 — the day scheduled for trial of the 2010 incident in Moss Beach.

For the 2010 case, DeLeon is currently on record as being represented by Armando Garcia, another family-retained attorney, Wagstaffe said Monday afternoon.

 

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