LOS ANGELES (CN) — Two 18-year-olds will stand trial for the murder of workaday actor Johnny Wactor, after a Superior Court judge found Tuesday there is sufficient evidence that the two committed the crime, following a two-day preliminary hearing.
The hearing featured testimony from two homicide detectives, who said that the Robert Barceleau and Sergio Estrada were members of the notorious Florencia 13 gang, and were in the midst of an all-night crime spree during which they stole six catalytic converters. Wactor, who was leaving his job as a bartender in Downtown LA and walking to his car shortly after 3 a.m., happened upon three young men hovering around his black Prius, the front end of which was elevated by a heavy duty car jack. After Wactor confronted the three men, prosecutors say, Barceleau shot Wactor once in the chest. The 37-year-old Wactor was pronounced dead 14 minutes later.
Barceleau and Estrada are charged with murder, attempted robbery — for trying to steal Wactor’s catalytic converter — and grand theft, for stealing another catalytic converter from a different car parked near the University of Southern California, shortly before the incident that led to the murder. Prosecutors are also seeking two sentencing enhancements for the three crimes, which would increase young men’s sentences should they be found guilty.
Prosecutors say the three crimes were committed “for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further and assist in criminal conduct by gang members.” That and another sentencing enhancement, that applies to when a firearm is used in the commission of a crime, were added recently by the newly elected District Attorney for LA County, Nathan Hochman.
Defense attorneys asked the judge to dismiss the charges against their clients for lack of evidence. Estrada’s Pasadena-based attorney, Vernon Patterson, argued that his client shouldn’t be tried for murder, as he had not pulled the trigger and, in fact, had shouted “No!” when he saw Barceleau point his gun at Wactor.
“There’s no evidence of his intent to kill, or that he did anything to further that action,” Patterson said. “He was surprised.”
Deputy District Attorney Stephen Lonseth argued that Estrada should be tried for aiding and abetting the murder of Wactor, since he knew Barceleau “was armed specifically to protect them and to respond if anyone confronted them,” and also knew that Barceleau was a “hot head.”
“In spite all of this, he did not provide any sort of aid to the victim,” Lonseth added. “Instead, he sold the catalytic converters, took the proceeds, and took pictures with the shooter and the gun, flashing money.”
One photo, showed in court on Monday, was taken five hours after the murder, in a motel room. In it, Barceleau and Estrada are mugging for the camera, with Estrada flashing a fan of cash and Barceleau holding the gun that prosecutors say he used to kill Wactor. The photo, said Lonseth, “shows not only a lack of remorse but an intense disregard for Mr. Wactor’s life.”
Both defense attorneys argued that the attempted robbery charge should really be a charge of grand theft; robbery, which typically carries a more severe punishment, is when one steals something while the owner is in the immediate vicinity.
“When you look at what happened at that particular car, there’s nothing to suggest it was a robbery. Robbery requires the person there,” Patterson said. “There was an exploration as to whether that particular car had a catalytic converter that they wanted to steal … Nothing was taken.”
Superior Court Judge Charlene Olmedo remained unmoved.
“There is certainly sufficient evidence to hold this matter over to trial.” she said. “For the factual discrepancies, they are certainly going to be issues at the jury trial. But for the probable cause standard, there is sufficient evidence that a crime has been committed.”
Barceleau will continue to be held without bail; Estrada’s bail remains at just over $2 million. Both were returned to custody.
After the hearing, Patterson said he had “half expected” the ruling, but added: “I think once the case goes forward, more things will be fleshed out.”
The two prosecutors declined to comment on the ruling. Estrada’s defense attorney, Beverly Hills-based Katherine Hardie, did not respond to a request for comment.
Much of the case against Barceleau and Estrada hinges upon separate jailhouse confessions each made to the same undercover agent, a so-called “Perkins agent,” who claimed to be a member of a different gang. On Monday, homicide detectives testified about the recorded confessions: Barceleau admitted to shooting Wactor in order to protect Estrada, whom Wactor was approaching, while Estrada said he had shouted, “No!” a moment before the shot was fired, and that he hadn’t wanted to work with Barceleau, because Barceleau was “hot-headed.”
On Tuesday, LAPD detective Justin Howarth shared more details about the agent, and how he earned the two teenagers’ trust. Howarth said the agent was an older man who claimed to have already served 24 years in prison for murder, and was facing two more murder charges.
“Yeah I’m 51 years old, homey,” the agent told one of the two arrestees, according to a transcript of the conversation read in court. “Fifty-one and washed out.” Patterson said Estrada referred to him as an “OG,” short for original gangster, a term of respect.
“The agent was trying to instill in my client that he’s been around the block, he’s been through the system,” Patterson said while questioning Howarth, “giving my client advise as to how he should behave.”
The agent spoke to Barceleau first, then Estrada, and then returned to Barceleau’s cell. By then, Barceleau had grown suspicious, and asked the agent if he was an informant. According to Howarth, the agent denied being so.
“Did Mr. Barceleau apologize to the agent for asking that?” Deputy District Attorney Antonella Nistorescu asked Howarth.
“Yes,” Howarth replied. “Many times.”
Tuesday’s hearing also saw the testimony of LAPD officer Steve Vejar, a gang expert, who told the court that the all-night crime spree was done for the benefit of Florencia 13, a street gang based in an unincorporated section of South LA.
“They’re working together, splitting the work,” Vejar said. “It would be for the financial gain of the gang.” As to Wactor’s murder, Vejar said, “They’re silencing a witness, or a potential witness.”
During Vejar’s testimony, Barceleau’s father muttered to this reporter: “This guy’s full of shit. The shot-callers put a stop to all this because of the indictment.” In August, months after the murder, a federal grand jury handed down an indictment charging 37 Florencia 13 members and associates with various crimes, including three murders.
During cross examination, defense attorneys Hardie and Patterson tried to show that Vejar was merely speculating about the crimes being done for the benefit of the gang.
“Is there a distinction between working for the gang and working together?” Patterson asked.
“They’re self-admitting gang members,” said Vejar.
“What about the stolen item makes it for the benefit of the gang?” said Patterson.
“They’re not going to keep them,” Vejar replied. “The money will benefit them and the gang.”
“But it could also go toward putting food on the table, paying rent,” Patterson said.
“It could,” Vejar said.
Following Judge Olmedo’s ruling, the gang enhancement will be decided by a jury.
Two other men — Leonel Gutierrez, who was present for the murder and string of catalytic converter thefts, and Frank Olano, who bought the car parts and resold them — have pleaded no contest for their role in the robbery and theft. They are set to be sentenced next week.