The trial for defendants Emmanuel Mendoza and Edgar Canseco, both 20 years old, is scheduled to begin Wednesday, May 30, in Stockton court with opening statements by Prosecutor Thomas Testa and defense attorneys Jeffrey Hirschfield and Lance Jacot.
According to Tracy police, both defendants were riding with the victim, Kevin Prater II, on the night of Sept. 15, 2010, when they urged him to pull over his car on Sixth Street east of Tracy Boulevard.
Police said the two men, along with a third, James Stancampiano, tried to rob Prater. Police said it was Stancampiano that shot Prater once in the chest and he later died at Sutter Tracy Community Hospital.
According to Detective Tim Bauer, the third man wanted in the case, Stancampiano is still on the run and police intend to continue looking for him.
“We’ll keep using the resources we have. Even if we get guilty on this (case), we’re not done,” Bauer said. “(The) victim’s mother wants the last man involved, and that’s him.”
Mendoza and Canseco face charges of murder, street terrorism and robbery, and both remain in San Joaquin County Jail in French Camp.
Shooting defendant waives hearing
In other court news, defendant Marcus Rogokos waived his right to a preliminary hearing in Stockton court Tuesday, May 22, which moves his case directly to trial proceedings.
Rogokos is accused of shooting into an am/pm store on Joe Pombo Parkway after he reportedly had an argument with a store clerk around 8:40 a.m. Feb. 13.
Police records show he was arrested after the clerk called 911 to inform police that a man in a red Honda shot out his business windows.
Rogokos faces a variety of charges, including a hate crime, attempted murder and shooting into an inhabited dwelling.
Prosecutor Ron Indran said Rogokos is scheduled to be back in Stockton court at 8:30 a.m. June 5 in Department 35.
Rogokos remains in San Joaquin County Jail in French Camp without bail.
Officer assault suspect in court
Also in court earlier this week in Manteca was defendant Samuel Flores.
Flores is accused of attacking Tracy officer Joel Petty on Feb. 2, when police reports say he lunged at the 13-year police veteran and fought the officer for his firearm.
Petty was reportedly attacked when he stopped Flores to check on his welfare after seeing him walking down Hawthorne Road around midnight wearing only his underwear.
Within minutes of talking to Flores, police allege, the defendant attacked the officer. Police records say the two men fought for more than two minutes before additional police arrived.
According to District Attorney Robert Indran, Flores recently retained a new defense attorney, who on Tuesday, May 22, requested additional time to evaluate his client’s psychological condition.
Flores had previously been found competent to stand trial after undergoing psychiatric testing by more than two doctors.
Flores is due back in court at 8:30 a.m. June 26 in Manteca to face charges that include battery on a police officer and trying to remove a firearm from a police officer.
Flores remains in San Joaquin County Jail in French Camp without bail.