The murder trial of 26 year old Michael Frausto for the killing of aspiring lawyer Albert Cobarrubias has begun in the Santa Clara County Superior Court. Cobarrubias who had long supported criminal defendants wrongly accused because of racial profiling became a victim himself. He was gunned down by the accused who mistook him for a member of the Norteno gang. 31 year old Cobarrubias was an innocent bystander who took a bullet just for wearing a black sweatshirt with a drawing of a red shark, which the loosely affiliated Nortenos street gangs claim as their colors.

So he was shot by some of the villains he hoped to put back on the street is another way to look at it.

On the first day of the trial, the prosecutor said that the victim was no gang member but the victim of an angry gang member in search of someone on his enemy’s turf to shoot. The prosecutor said that Frausto believed he had been stabbed by one of the factions of the Nortenos, the VMF, five months earlier, and was seeking revenge. The victim and a group of other Latino men were playing pool in the East Side neighborhood of Meadow Fair in the garage of a house on Chopin Avenue.

Cobarrubias hangs Out with Gangsters?

The door of the garage was open when Frausto drove up in a white car at around 11pm, pulled out a .38-caliber revolver, and shot at the men. Cobarrubias was hit twice and succumbed to his injuries.

Frausto should be Executed – Very Simple

Frausto has pleaded not guilty although there is substantial evidence against him. If convicted, he could face up to 25 years to life in prison for first degree murder and four counts of attempted murder. According to the prosecution, the accused wasn’t acting on behalf of the Nortenos when he killed Cobarrubias and was not charged with gang enhancement.

America should declare war against the Norteno gang. They are an enemy to America just like Al Qaeda.

His shooting was part of a ‘red-on-red violence’, an internecine warfare between gang members of Nortenos factions. Frausto’s revenge allegedly stems from an incident in August 2009 where his brother Raymond Frausto and friend Miguel Garcia were stabbed by gang members over disrespecting a girl at a party.

Cell phone records and the testimony of two men is what prosecutors have as evidence against Frausto. He also borrowed the car from his ex-girlfriend. The day after the shooting two men allegedly heard him say that he got the fools who stabbed him and his brother. Frausto’s criminal defense lawyer said that the burden was not on the defense but the prosecution to prove that his client was guilty. His lawyer says he will focus on cross-examining prosecution witnesses to prove that someone else killed Cobarrubias.

Cobarrubias – Wrong Place, Wrong Time

Cobarrubias, an ex-Marine, was an active volunteer with Silicon Valley De-Bug, a San Jose based media, community organizing, and entrepreneurial collective. The group’ objective is to keep defendants informed of their rights in order to reduce racially disproportionate incarceration rates. This will help them refrain from rushing into a plea bargain because of a sense of being helpless and alone. They also assist with legal research for attorneys and assemble volunteers to attend court hearings. Raj Jayadev, a De-Bug leader and organizer for the Albert Cobarrubias Justice Project (ACJP), said the victim was determined to become a defense attorney.