California. Supreme Court won’t hear case of man convicted of murdering 3-year-old | KFI AM 640

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LOS ANGELES (CNS) – The California Supreme Court on Wednesday declined to consider the case of one of three gang members convicted of an ambush in a Cypress Park alley that killed a 3-year-old girl more two decades.

Manuel Rosales Jr. had asked the state’s highest court to hear his case following a Los Angeles County Superior Court judge’s ruling that he was ineligible for a new conviction under a new state law that affects defendants in some murder cases.

Rosales was convicted along with Anthony Rodriguez and Hugo Gomez for the murder of Stephanie Kuhen on September 17, 1995, along with five counts of attempted murder.

The toddler, his mother, uncle, two younger brothers and family friend Timothy Stone were on their way home from a late birthday party in Highland Park when Stone took a wrong turn in the alley.

The driver turned the white Ford Thunderbird around and drove up the road. But two of the dozen or so gang members hanging out in the street pulled a trash can in front of the car, blocking it.

A barrage of gunfire flattened a tire and shattered the windows, hitting the girl in the head, one of her brothers in the foot, and Stone in the back.

Stone managed to drive about a mile to the Kuhens’ home, where the toddler’s uncle called a 911 operator and shouted that his niece had been shot.

Rosales initially denied firing a gun during the ambush, but later recanted. But he maintained he was sure none of the shots he fired hit the car.

In an April 26 decision affirming the judge’s decision to deny Rosales’ re-sentencing motion, a three-judge panel of the California 2nd District Court of Appeals noted that Rodriguez and Gomez began shooting at the vehicle. when the driver tried to escape from the driveway and Rosales “chased the car and shot him several times” when the vehicle was finally able to drive away.

The appeals court panel found that Rosales and his co-defendants “were engaged in the common enterprise of protecting their territory from intruders” and that “the evidence does not in any way suggest that the defendant had a state of spirit different from that of his co-accused.

Rosales was sentenced in 1997 to 54 years and eight months to life in prison.

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