The trial of a Morgan Hill man accused of killing a Gilroy man
in a gang-related incident on Sept. 30, 2005, will likely begin
April 16 as a jury is selected.
San Martin – The trial of a Morgan Hill man accused of killing a Gilroy man in a gang-related incident on Sept. 30, 2005, will likely begin April 16 as a jury is selected.
Santa Clara County Superior Court Judge Kenneth L. Shapero is presiding over the homicide case of Anthony Frausto, 19.
Luis Bautista, 19, was murdered behind the Safeway grocery store in Tennant Station shopping center. At approximately 7pm, witnesses reportedly saw Bautista fleeing from four or five suspects described as being in their late teens or early 20’s. Bautista was reportedly a member of the Sureño gang.
Witnesses reported hearing four shots as Bautista ran behind the Safeway. He fell to the ground and was taken by a witness to Saint Louise Regional Hospital. He was later flown to Regional Medical Center in San Jose. He died from wounds to his arm, chest, abdomen and thigh at approximately 11:40pm.
The suspects fled the scene of the shooting in a black Camaro and a white Volkswagen Jetta or Ford sedan.
Frausto, who was 18 at the time, told police when he showed up at the police station the next day that he came “to clear his name” after hearing police were attempting to contact him. He was arrested in the early hours of Oct. 2, just over 48 hours after Bautista was shot.
He has been held without bail since his arrest.
Frausto’s defense attorney, Andrew Tursi, said he believes there is a case for self-defense, as alleged gang members with knives were involved in the confrontation. Tursi said Frausto told him he had been beaten up several times by gang members and believed he would be killed because the group of gang members he encountered Sept. 30 carried knives.
“He is without guile,” Tursi said of Frausto. “He’s your average teenager who just found himself in an unfortunate position.”
Assistant District Attorney Stuart Scott said he did not think the case would be settled without a trial, though the two sides have been discussing a possible settlement.
“I believe Mr. Frausto will have to face a jury of his peers,” he said.
