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YOLO COUNTY COURTHOUSE: Jury chooses life over death in 2002 Halloween Homicide

by news follower
The 12 jurors in the Halloween Homicide case recommended life over death
By MONICA KRAUTH
Democrat staff writer

The 12 jurors in the Halloween Homicide case recommended life over death for Miguel Cervantes and Ernesto Arellano on Friday afternoon at the Yolo County Courthouse, district 5. The sentencing for post trial motions is scheduled for July 28.

A third man, James Olague, who is believed to have been the lookout in the Oct. 31, 2002, murder faces life in prison. He is seeking a new trial on the grounds of insufficient evidence. A hearing on that motion is also scheduled for July 28.

The jury convicted Olague of first-degree murder in the killings of Woodlanders Eric Eugene Folsom, 17, and Robert Michael Stepper, 20. Olague as well as Cervantes and Arellano were also convicted of attempted murder in the shooting that night of two 14-year-old girls. Both girls survived.
Arellano was convicted of ordering the murder of Stepper, while Cervantes was convicted of being the shooter.

Though they were convicted for the murders and attempted murder, the penalty phase, which ended Tuesday, gave the defense an opportunity to provide reasons why their clients should not get the death penalty but life in prison without parole.

“I am appreciative they chose life over death,” Rodney Beede, defense attorney for Cervantes said.

District Attorney Jeff Reisig, Arellano’s prosecutor, expects the defense to file motions for a new trial of “all different sorts” on July 28, he said Friday afternoon.

“I accept the verdict. Those 12 jurors live in this community” he said.
During the closing statements of the penalty phaseJudge Arvid Johnson told jurors the totality of the case should be considered. Moreover, the jury is free to use their personal morals to help them decide. They were also instructed not consider any past crimes by the suspects.

In total, seven people were arrested in connection with the Halloween murders that are believed to have been spawned by drug debts and rivalry between the Norteno and Sureno gangs. Christina Marten, who prosecutors say may have lured Stepper to Oak Avenue that night, was tried separately last year and convicted for her role in the killings. She is serving a sentence of life-without-parole.

Three other defendants, Nathanial Easlon, Gilberto Lopez and Richard Betancourt, testified for the prosecution in exchange for lesser sentences.

— Reach Monica Krauth at 406-6231 or at mkrauth [at] dailydemocrat.com
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