A community march and rally took place in San Jose on March 8th to ask for mercy for Joshua Herrera, who faces 25 years-to-life for a first-time offense. Report and Photos His family believes that such a sentence would be far too harsh for the driver of a car whose other occupants confronted a man who was physically abusing the other of one of the defendants in this case. Joshua stayed in the car and was not part of the confrontation, while the intended victim escaped unharmed. Protesters gathered outside of the Hall of Justice at 10:30 on Saturday morning.

Joshua's family writes, "We are pleading to the court for mercy, and asking the community's support to achieve and appropriate sentence for Joshua. The sentencing hearing is scheduled for March 20th." Joshua, who is 24 years old, was two weeks away from completing his first semester in the fire fighter academy at the time of his arrest. Prior to this incident, he had not one field identification card in the records of the SJPD to label him a gang member, no history of violence, nor a criminal record. Joshua's mother has reported that the DA's Office refers to him as a hardened gang member and even a gang leader. Because of the nature of the charges, he will likely be sent to a level 4 prison where the "worst" of the offenders are sent. She said, "There is no doubt that Joshua must pay for his absolute lack of judgment, but a life sentence in a level 4 prison is far too harsh for a young man with promise, far too harsh for young man with no criminal record, far too harsh for a young man who has no history of criminal violence. I ask that the courts have mercy on my son and that a sentence be imposed that is just, fair and moral and that the public see the atrocity that is occurring in this situation."