'Varrio Mountain View' Murder Trial Ends with Convictions for Triggerman, Driver

A “Varrio Mountain View” gang member was convicted last week in the 2004 murder of 17-year-old Alejando “Alex” Fernandez in Mountain View, according to law enforcement. 

"Finally after all these years, you can finally R.I.P. Alex," an individual wrote on a Facebook forum after the verdict.

On Sept. 24, 2004 at about 10:30 p.m., Fernandez was with friends on the 500 block of South Rengstorff Avenue when five subjects pulled up in a red Lexus.
 
As Fernandez approached the car, a passenger in the Lexus shot Fernandez in the chest, police said.

The teenager was transported to a local hospital where he was pronounced dead.

After a three-week trial that ended Thursday, 26-year-old Giovanni Duarte was convicted of second-degree murder with a gang enhancement for his role as the shooter, the Santa Clara County District Attorney's Office reported.

In a separate, previous proceeding, co-defendant, 25-year-old Anthony Figueroa, pleaded guilty to voluntary manslaughter for his role as the Lexus driver, officials said.

“I hope the Fernandez family can breathe a sigh of relief knowing that Giovanni Duarte was held accountable and convicted for the murder of their loved one, who was tragically killed more than nine years ago,” said Mountain View Police Department Chief Scott Vermeer.

 “The complex investigation and prosecution was a group effort that included the FBI’s San Francisco Office, the Santa Clara County DA’s Office and our team here in Mountain View," he said.

"I am extremely proud of the all the law enforcement professionals who were committed to ensuring justice for Alex and for working to prevent gang-related violence in Mountain View.”

Duarte and Figueroa were arrested in 2011 after authorities secured new leads in the case. Both entered not guilty pleas to the charges.

During the trial, testimony and evidence from Mountain View police and FBI’s Safe Streets Task Force showed local Norteño gang members -- also called Varrio Mountain View -- drove to the South Rengstorff neighborhood to look for Sureño gang members -- for the sole purpose of initiating a confrontation -- when they came upon Fernandez, police said.

Fernandez, a high school student, had previously admitted affiliation with Mountain View Sureños, police said.

The jury deliberated a day before returning the verdict for Duarte, who faces a possible 40 years to life sentence. Sentencing will be in January. 

Deputy District Attorney Anne Seery, who prosecuted the case, credited the successful “cold case” trial to an outstanding, intensive multi-year investigation by the Safe Streets Task Force, an FBI-sponsored unit that combats violent street crime, gangs and trafficking offenses.

The task force consisted of law enforcement from Mountain View police, FBI San Jose Office and Sunnyvale Department of Public Safety.

"The FBI stands by our law enforcement partners at the Mountain View Police Department as well as our partners on the Safe Streets Task Force in closing this cold case," said FBI Special Agent in Charge David J. Johnson of the San Francisco Field Office. "No matter the age of a case, the FBI will continue to provide manpower and assets until justice is served."

“We are very pleased with the verdict in this case,” said Sgt. Dan Vicencio, who represented Mountain View police in the task force during the investigation.

“Since the murder in 2004 until yesterday’s conviction, we spent a great deal of time preparing for the trial," Vicencio said. "We worked closely with the FBI and DA’s office in order to ensure a successful prosecution, and we achieved our goal.”