Murder suspect Anthony Frausto’s case could move forward while
drive-by shooting suspect Leon Martinez will be in court for
trial
San Martin – In a South County courtroom Tuesday, several possibly gang-related cases will be either winding down or just getting started, as a convicted felon is scheduled for sentencing, a suspect accused of murder will learn if his trial will begin soon, and the trial of a suspect in a drive-by shooting could begin.
Anthony Aguilera, 22, of Gilroy, who was convicted in July of two counts of attempted murder, two counts of assault with a deadly weapon, one charge of shooting into an occupied vehicle and one charge of reckless driving while fleeing police, is scheduled to be sentenced.
Anthony Frausto, 19, of Morgan Hill is in custody without bail accused of murdering a 19-year-old Gilroy man on Sept. 30, 2005. His trial is scheduled to begin in March, but he will be in court on Tuesday for the prosecution and defense attorneys to consider the status of the case and possibly moving up the date of the trial.
Both Aguilera and Frausto are represented by attorney Andrew Tursi, who had a medical problem in December, necessitating the postponement of both the sentencing and the trial. Both have also been identified by police as members of the Norteño gang. The victim Frausto allegedly shot, Luis Bautista, was reportedly a Sureño.
The third man scheduled to be in court Tuesday is Leon Martinez, of Salinas, another alleged Norteño member, who is suspected of a drive-by shooting that occurred in Gilroy on Aug. 1, 2004. Abelino Hernandez was hit by two bullets and recovered. His trial is expected to begin.
Aguilera was found guilty in the stabbing of Scott Bargar at the Extended Stay America in Morgan Hill on Jan. 26, 2005, and attempted murder of Dustin Baldwin in an Oct. 23, 2004, shooting incident in the parking lot of a liquor store in Gilroy.
Bargar was seriously wounded in the stabbing, but survived. No one was injured in the shooting, although police reports indicate as many as six shots may have been fired, with four striking a truck with four people inside.
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@*************es.com.
