Man Convicted in Alleged Mexican Mafia Hit Wins New Trial
Augustine Velasquez, 29, has secured a new trial due to violations of his Miranda rights, as decided by an appellate court.
Velasquez was originally convicted and sentenced on June 2, 2023, to life in prison without parole for the killing of 35-year-old Robert Rios on January 19, 2017, in Placentia. The attack was allegedly orchestrated from prison by the reputed head of the Orange County branch of the Mexican Mafia.
He was the only defendant convicted in Orange County Superior Court; other suspects involved were charged federally and are awaiting their trials.
Legal Issues and Evidence Problems
The case encountered several legal challenges at the state level before federal prosecutors took over as part of a broader racketeering investigation against the Orange County Mexican Mafia chapter.
Before the trial, gang charges were dismissed following an evidence booking scandal. Multiple deputies failed to properly log evidence or did so after their shifts, violating department policy.
"Orange County Superior Court Judge Patrick Donahue granted the motion to dismiss the gang charges because an Orange County sheriff’s deputy who testified during the preliminary hearing as a gang expert was found to have been dishonest while discussing his training regarding booking of evidence."
This misconduct undermined key prosecution claims and contributed to dismissing the gang-related accusations at the state level.
Current Status
- Augustine Velasquez will receive a new trial.
- Other defendants remain charged in federal court pending trial.
- State charges involving gang affiliation were dismissed due to evidence mishandling and witness credibility issues.
The ruling highlights the importance of proper procedure and truthful testimony in criminal cases.
Author's summary: Augustine Velasquez, convicted for a 2017 murder linked to the Mexican Mafia, won a new trial after Miranda rights violations and evidence mishandling tainted the original proceedings.