Two men sent to prison for drive-by shooting near Reedley High

Two Sureño gang members, including one who made efforts to leave the gang, have been sentenced to prison for their role in a drive-by shooting last year that nearly killed a 14-year-old boy on a bicycle near Reedley High School.

The accused shooter, Jose Angel Aguayo, 21, of Reedley, was sentenced to 19 years in prison after pleading no contest to attempted murder in Fresno County Superior Court. The getaway driver, Jose Padilla, 23, of Fresno, was sentenced to five years in prison after pleading no contest to felony evasion of police.

Attorney Scott Kinney, who defended Padilla, said Thursday the two defendants accepted the plea deal because had they been convicted in a trial they would have faced life in prison.

Kinney said the shooting was the result of a dispute between the Norteño and Sureño gangs in Reedley. A criminal complaint accused the pair of committing the shooting “for the benefit of, at the direction of, or in association with a criminal street gang.”’

The shooting happened in the late afternoon of Jan. 22, 2014. Reedley students had been dismissed from school hours before gunfire erupted, police said.

Police said the victim, who was not identified, was riding a bicycle with other teenagers when a passenger of a black Chevrolet Impala opened fire about 4:30 p.m. at North Avenue and Hollywood Drive. Multiple shots were fired; police found shell casings from a semiautomatic gun at the crime scene. Only the 14-year-old was struck by gunfire.

Because the shooting occurred not far from Reedley Police Department, officers arrived within a minute. Once officers spotted the getaway car, Padilla led them on a high-speed chase that went into Tulare County.

After the Impala drove off the road and into a field near Avenue 408 and Road 48, Padilla and a 14-year-old boy from Reedley who was in the back seat of the getaway car were arrested. Because of laws that protect juveniles, the 14-year-old suspect was not identified and his court proceedings, if any, were kept confidential.

Officers deployed police dog Leo to find Aguayo, who had run from the car. He was found about a half hour later, wandering in the field, police said.

Initially, all three suspects were arrested on suspicion of attempted homicide with a gang enhancement.

Kinney said Padilla got his charge reduced to evading police because he didn’t know one of his passengers was carrying a gun.

“He was going to gas and then go to McDonald’s,” Kinney said Thursday. “Then all of a sudden a shooting happened and he panicked.”

Kinney said Padilla has shown remorse toward the victim and that prior to the shooting his criminal record consisted of two misdemeanor offenses.

“He also told the court he dropped out the gang months ago and wants to get his gang tattoos removed,” Kinney said.

Police said the victim was not a Reedley High student. The victim and the 14-year-old in the getaway car were students in an alternative education program in Kings Canyon Unified School District, said Mary Ann Carousso, a KCUSD administrator.

Kinney said police reports indicated the victim was a member or an associate of the Norteño gang. He also said the victim and the 14-year-old suspect had a prior disagreement between them.

The fact that the pair was punished is good news, Reedley Police Chief Joe Garza said Thursday.

Though Garza dislikes plea deals, he said in many gang cases, people are reluctant to talk to police, so “these types of cases often go unsolved.”

Garza credited good luck for solving the case quickly. “When gunfire erupted we had units in the area already,” Garza said.

Then during the chase, the Tulare County Sheriff’s Department helped Reedley police seal off the area where the Impala crashed.

Garza credited his officers for saving the 14-year-old’s life. Officer provided first aid to the victim until medical personnel took over.

“He’s fortunate to be alive,” Garza said. “This was a good day for law enforcement because we solved a crime and didn’t lose a life.”

This story was originally published May 28, 2015 at 1:15 PM with the headline "Two men sent to prison for drive-by shooting near Reedley High."