Michael Dwayne Mau, 24, Johnny Joseph Martinez, 25, and Elvis Mendoza, 25, appeared in court briefly today where a preliminary hearing had been scheduled to take place. But defense attorneys had conflicting cases, and after an hour-long wait, the case was continued to Feb. 11.
The preliminary hearing, where prosecutor Tori Verber must show there is enough evidence to try the men, is expected to take two days to complete, with Feb. 18 set as the second day of the hearing. San Joaquin County Superior Court Judge George Abdallah presides over the case.
Verber had intended to call one witness today, and declined to name the person.
Mau stands accused of 13 counts of homicide and street terrorism, and of committing a crime while a member of a criminal street gang. Martinez and Mendoza, free on $300,000 bail, face street terrorism charges and being accessories after the fact.
Prosecutors allege that Mau fired shots through the locked front door of Amore’s after he and another man were kicked out of an after-hours party. Naim Bey, 41, a married father of two kids, was shot in the head and killed, and six other people survived leg and other gunshots wounds.
Four women face charges of being accessories after the fact and street terrorism as well, but will be tried separately. Cecelia Naomi Colon, 21, and Maria le la Luz Martinez, 21, Natalie Elizabeth Martinez, 45, and Julissa Marie Martinez, 19.
Julissa Martinez and Johnny Martinez are brother and sister, and Natalie Martinez is their mother. Maria de la Luz Martinez is unrelated. Maria Martinez posted $100,000 bail, and the other three were released from jail on the promise they would appear as scheduled in court.
A preliminary hearing for the four women is scheduled for Feb. 4.
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