A fight broke out at about noon in an area where defendants are kept at the courthouse while they wait until they're called into the courtroom.
Four defendants, Martin Flores, 21, Roberto Arias Jr., 19, Armondo Hernandez, 20, and Jose Arturo Hernandez, 16, were awaiting the continuation of a 1:30 p.m. preliminary hearing in the Spencer Sampson homicide case when a fight broke out among the three oldest suspects.
It seems as though Flores and Armondo Hernandez attacked Arias Jr., who was taken to the hospital with no serious injuries. He declined to press charges against the other two, said San Joaquin County Sheriff's Office spokesman Les Garcia.
Deborah Fialkowski, the attorney for Jose Hernandez, no relation to the older Hernandez in the case, said her client was uninvolved in the fight. Arias attorney Gary Hickey knew few of the details, and Flores attorney Ralph Cingcon said he was also in the dark.
Prosecutor Janet Smith declined to comment, and Armondo Hernandez attorney Douglas Jacobson could be reached for comment.
The four were scheduled to be in court for the fourth day of a preliminary hearing in the homicide case of Spencer Sampson, who was shot on his 21st birthday Dec. 18 and died hours later on the 19th.
Judge Bernard Garber will rule on whether there is enough evidence to try to Arias Jr., Flores the eldest Hernandez on charges of homicide and street terrorism in Sampson's death, and of assault with a deadly weapon and other charges related to other shootings and beatings in December. Jose Hernandez faces several charges in cases other than the Sampson shooting.
The hearing has been rescheduled for 10 a.m. April 14.

But I agree with you...!
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« monkey09 wrote on Thursday, Apr 08 at 08:05 AM »
i dont get it why is it that this judge has such a hard time sentencing this criminals hello i dont care if they pulled the trigger or not the fact is they where there when it happend so that makes them just as guilty right they knew they were looking for someone wether or not killing the man was not there intention they are grown men make them pay for the wrong choices they make this is why i will never move back to tracy its getting so bad and to make matters worst i have to worry about getting shot or killed and then they might be let goif there is not enough evidence hello kind of system is this its getting ridiculous seriously hopefully they all get to pay the crime they commited with time and not let go just cause there is not enough evidence
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