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Gangs played role in slaying of sleeping farmworker, judge says

- The Fresno Bee

Wednesday, Mar. 20, 2013 | 11:43 AM

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Because the murder of a farmworker sleeping in his car was gang-related, a Fresno man will face a longer prison term, a Fresno County Superior Court judge ruled Wednesday.

Walter Gerard King, 18, was found guilty of first-degree murder two weeks ago by a Fresno County jury for his role in the crime.

King already faced life in prison in the Oct. 2, 2011, shooting of Felipe Atilano, 42, a father of five, outside an apartment complex on Martin Luther King Boulevard. With the gang enhancement pronounced by Judge John Vogt, King faces an additional 25 years to life, said his lawyer, Michael Idiart.

The judge said King and his co-defendant, Kylin Smith, had "an underlying connection" as members of a street gang.

But Idiart said he disagreed with the judge's decision, because not every criminal act by gang members is conducted on behalf of the gang.

King said the shooting was carried out by Smith, 19, of Fresno. He said he ran when he heard the shot fired. King was found innocent of robbery but guilty of attempted robbery in the case. But he was found not guilty of attempted robbery of a 70-year-old man outside a market on Elm Avenue on Oct. 14, 2011.

Smith, King and four other men were at the market when another man and Smith approached Isidro Madera. When Madera wouldn't hand over his wallet, Smith then fired at Madera, striking him nine times. He survived his injuries. King's sentencing is April 18. Smith's trial is scheduled later this year.


The reporter can be reached at (559) 441-6166 or mbenjamin@fresnobee.com or @beebenjamin on Twitter.

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