Man Convicted in Alleged Mexican Mafia Hit Wins New Trial
Augustine Velasquez, 29, has been granted a new trial after an appellate court found his Miranda rights were violated during the initial proceedings. Velasquez was originally convicted in the fatal shooting of drug dealer Robert Rios, 35, in Placentia on January 19, 2017.
Background of the Case
Prosecutors alleged that the attack was orchestrated from prison by the reputed head of the Orange County branch of the Mexican Mafia. Velasquez was sentenced on June 2, 2023, to life without parole. He was the only defendant convicted in Orange County Superior Court, while others accused in the case face federal charges and await trial.
Legal Issues and Case Developments
The state-level proceedings faced numerous legal setbacks before federal prosecutors incorporated them into a broader racketeering case targeting the Mexican Mafia in Orange County. A major turning point came when gang-related charges were dismissed due to an evidence booking scandal within the sheriff’s department.
Judge Patrick Donahue granted the motion to dismiss the gang charges after learning that a sheriff’s deputy, who testified as a gang expert, had been dishonest about his training related to evidence handling.
Impact of Miranda Violations
The appellate decision centered on violations of Velasquez’s Miranda rights, which require that suspects be informed of their right to remain silent and to have legal representation. This ruling has reopened the high-profile case and will send it back to trial.
Author’s summary: The appellate court reversed Augustine Velasquez’s murder conviction, citing Miranda rights violations and procedural misconduct tied to an evidence-handling scandal.