As graphic court documents illuminate the home invasion of a
Gilroy resident, details show heinous acts of torture, burglary and
threats of murder originated from green-eyed envy when a neighbor
motioned to Gary Wise’s gated property and commented
”
that life wasn’t fair.
”
As graphic court documents illuminate the home invasion of a Gilroy resident, details show heinous acts of torture, burglary and threats of murder originated from green-eyed envy when a neighbor motioned to Gary Wise’s gated property and commented “that life wasn’t fair.”
Since the May 3 arrest of six suspects involved in the Feb. 6 break-in and brutal assault of Wise, 59, inside his home on the 1000 block of Rucker Avenue, police reports outline the story of a botched robbery turned violent, the instigator who backed out days prior and his remorse upon learning what cruel methods were used to coerce the victim’s cooperation.
It was Wise’s neighbor, 62-year-old Juvenal Reyes, who initially pointed out “two safes and their contents” stored inside Wise’s residence.
“Here they were struggling to put food on the table,” said Reyes in the police report, and there was Wise with “numerous riches and large amounts of money.”
Upon hearing this according to the report, suspect Ernesto Gonzalez “commented that they could take care of that.”
Reyes, who did not partake in the break-in, “grew leery” of Gonzalez and suspect Juan Fonseca over time, fearing they would steal property from him as well.
By the time Reyes called his companions and told them “to forget about their plans to commit theft,” suspects Gonzalez, 25; Fonseca, 21; and Norberto Serna, 41; could not be dissuaded.
The three raided Wise’s safes after obtaining the combinations through severe beatings and pouring chemical substances over their victim’s face and body.
Reyes later confronted the three about “why they had to beat up Wise in the manner that they did.” He expressed “remorse” for his role in the incident, but maintained “it was only supposed to be a burglary committed under cover of darkness” when Wise was not at home, according to police reports.
However, Gonzales, Fonseca and Serna arrived Feb. 6 to the residence touting black, semiautomatic handguns.
Sgt. Rick Sung with the Santa Clara County Sheriff’s Office said Friday over the phone, “we strongly believe it was premeditated.”
A statement of facts submitted by the case’s lead Detective Julian Quinonez, documents the hatching of a plot to rob Wise in the evening during his absence.
About 9 p.m. the evening of Feb. 6, a juvenile accomplice shadowed Wise while Serna, Gonzales and Fonseca broke into Wise’s residence clad in ski masks.
When desperate attempts to crack both safes failed, Serna told his partners “they were not going to leave empty-handed.”
Wise returned home and was ambushed by an initial blow to the back of the neck from a baseball bat, reports state.
His assailants then bound him to a chair with zip ties and canvas belts, beat him “numerous time in the head and body” with pool cues and put a gun in his mouth while demanding for combinations to the safes.
Reports say the suspects intimidated Wise with death threats, telling him “if you have a wife or kids, they won’t see you again.”
In addition to pouring chemical substances over Wise’s face and body, suspects doused the crime scene in bleach to “cover up any evidence,” as they had “seen this done in a movie.”
Serna, however, maintains in police reports that he did not see his partners pouring anything on Wise.
The suspects eventually made off with roughly 75 collectible firearms, rifle scopes, binoculars and more than $20,000. They also took more than $50,000 in casino chips, other gaming currency, pins, buckles and stamps – although Serna did not receive any portion of the stolen items, according to reports.
Sung said deputies have recovered some of the property, but the investigation is ongoing.
The suspects also took Wise’s 2008 Ford F350, which they “deliberately set on fire and completely destroyed” at 2:30 a.m. Feb. 7 in the area of Highways 9 and 35 outside of Saratoga.
After the assailants left, a grueling six hours would pass before Wise could free his right hand, reports state.
When a South Valley Newspaper reporter visited the crime scene Feb. 7, Wise’s neighbor – a woman named Rose who would only give her first name – said she had been jarred awake by a loud knocking about 5 a.m.
She opened her back door to see Wise standing on her porch; his head covered in blood and his clothes hanging loosely from his body.
“He said, “I’ve been beat up,’ ” she said.
Police reports state Wise’s eyes “were black and swollen shut.” He suffered fractured vertebrate in his neck, a fractured nose, fractured eye socket, numerous cuts, abrasions and bruises over his entire body. He was transported to San Jose Regional Hospital and received surgery for life-threatening injuries, according to Sung.
Sung did not have any updates on Wise’s condition, and attempts to reach Wise were unsuccessful.
Sgt. Quinonez pinpointed the six suspects with various leads provided by an informant, cell phone records, eBay transactions, security surveillance videos and law enforcement database searches.
Beginning at 6:30 a.m. May 3, a string of sweeping search warrants and arrests took place at the residences of Gonzales and Fonseca at the 3800 block of Williams Road in San Jose, 22-year-old Danny Rivera’s residence at the 2900 block of Park Lane in San Jose, the 900 block of Rucker Avenue in Gilroy for Reyes and the 100 block of Miramonte Avenue in Morgan Hill for Serna.
One juvenile, whose name was not released, was also arrested according to Sung, who confirmed the charges will go to the Santa Clara District Attorney’s Office.
Reyes and Fonseca have been arrested on $500,000 bail and charged with conspiracy, attempted murder and torture.
Gonzalez and Serna were arrested on the same charges without bail.
Rivera was also arrested on $150,000 bail and charged with possession of stolen property.
A plea hearing for all defendants has been set for 1:30 p.m., May 17 in Department 109 of the South County Morgan Hill Courthouse at 301 Diana Ave.
