2 Ordered To Stand Trial In 2017 East Oakland Fatal Shooting
OAKLAND (CBS SF) – A judge ruled on Tuesday that prosecutors produced sufficient evidence to have an ex-convict and another man ordered to stand trial on a murder charge for the fatal shooting of a San Leandro man in East Oakland in 2017.
At the end of a preliminary hearing that lasted for several days, Alameda County Superior Court Judge Mark McCannon said it's not clear who shot 38-year-old Jesus Martinez in the area of Davenport and Calaveras avenues, close to Interstate Highway 580 and Mills College, at about 7 p.m. on Sept. 11, 2017.
But McCannon said gunshot residue and other evidence connect Chris Yen, 38, of Oakland and Jose Alas, 39, of San Leandro, to the crime.
McCannon also said prosecutors also showed that Yen and Alas were in the area with Martinez at the time of the shooting.
Martinez, Yen and Alas arrived together at the shooting scene in a Jeep that was registered to Alas, according to a probable cause statement by Oakland police Sgt. Bradley Baker.
After the shooting Yen and Alas fled in the Jeep, which was later recovered about a half a mile away. Baker said.
The firearm that was used to fatally shoot Martinez and other evidence were found by police at the location where they recovered the Jeep, Baker wrote.
In addition to murder, Yen was ordered to stand trial on a charge with carrying a loaded firearm in a city and Alas was ordered to stand trial on a charge of being an ex-felon in possession of a firearm, as prosecutors say he was convicted of unlawfully taking a vehicle in 2004.
This was the second preliminary hearing for Yen and Alas.
At the end of the first hearing a judge ordered Alas to stand trial on a murder charge but ruled that there was insufficient evidence for Yen to stand trial on that charge.
However, based on new evidence, the Alameda County District Attorney's Office filed a new complaint against Yen and Alas on May 23, 2019, charging them with murder and other crimes.
Defense attorneys for Yen and Alas asked McCannon to set reasonable bail for the two men but McCannon said, "I see no reason" to do so.
McCannon said Alas violated his probation for a previous conviction for allegedly possessing a firearm at the time of the shooting in 2017.
A relative of Alas tried to speak when McCannon denied bail for him but the judge had a bailiff remove her from his courtroom for speaking without permission.
McCannon told a group of about 20 spectators in his courtroom, including many of Martinez's family members, "We've had multiple interruptions in this case."
McCannon said, "This is a very important case and if it goes to trial we can't have these kinds of interruptions or else you will be kicked out of court."
McCannon said, "For some of you this hearing didn't turn out the way you wanted it to, but that's the criminal justice system."
Alas works as a technician and Yen works as a loader, according to jail records.
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