Conviction in 10-year old cold case murder overturned because of Double Jeopardy


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STREETGANGS.COM | April 01, 2017

MONTEREY PARK / ROSEMEAD – Raul Isaac Pedroza grew up in Varrio Lomas neighborhood and had been in-and-out prison for years. After being released on January 1, 2008, he was ready for freedom but just 6-weeks later, Pedroza was charged with a murder from 1998.

According to court documents, Raul Pedroza, and Joseph “Capone” Garivay where arrested for the 10-year old murder of Donald Schubert. According to the police Schubert, a fellow Lomas member was involved in the murder of Martinez’ younger brother. Martinez then order the murder of Schubert from Pelican Bay State Prison and he was kill in 2008. Prosecutors eventually charged Garivay, Martinez and Pedroza for murder, convicting Garivay and Pedroza in 2012 while Martinez received a hung jury.

Predoza won a rare retrial motion in Kathleen Kennedy’s courts, the first one granted in 24 years in her court. In 2013, Predoza’s attorney found case law that stated that the murder charges must be dismissed because of double jeopardy and he was released from custody in 2013.

Prosecutors were unable to re-try Martinez for murder so instead they charged him with drug offenses that occurred in the LA County jail but he died from an overdosed in his jail cell before that trial began.

Date: March 2017
Location: Monterey / Rosemead
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