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Youth Says Song Preceded 2 Killings : Court: Carlos Vargas testifies that he and three other teen-agers had been drinking before the drive-by shooting.

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TIMES STAFF WRITER

On their way to Cabrillo Village one night last April, before they killed two men in a drive-by shooting, four drunken teen-agers amused themselves with a song, one of the youths testified Thursday.

“We like to get high so Campo boys can die; taking out slobs, that’s our job” were the lyrics, according to Carlos Vargas, 16, who was driving the car. He said the song was taken from “Colors,” a movie about gangs, and that the word Campo was added because the teen-agers hoped to hit members of the Campos gang in Cabrillo Village.

Vargas was testifying in the murder trial of 15-year-old Joseph Scholle of El Rio in Ventura County Superior Court. Vargas, of Oxnard, has pleaded guilty to first-degree murder in the case and is the key witness against Scholle and co-defendants Edward (Tony) Throop, 17, and Vincent Medrano, 16, both of Ventura.

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In other testimony Thursday, Vargas said:

* He and Medrano, a longtime friend, had bought the murder weapon that afternoon--not for a shooting but to resell at a profit.

* He knew Scholle only vaguely and did not meet Throop until the night of the shooting.

* He had never been to Cabrillo Village and had no grudge against the Campos gang. Neither did Scholle, as far as he knew.

* All four boys drank heavily before the shooting.

* They thought that the people Throop fired at were gang members because they seemed to be wearing dark clothing and caps.

As it turned out, the shooting victims were not gang members, investigators have said. The two slain men--Javier Ramirez, 19, and Rolando Martinez, 20--were attending a baptism party when they were gunned down in a front yard. Two others were injured.

Vargas’ comment about the gang songs, like much of the testimony elicited by Deputy Dist. Atty. Peter D. Kossoris, was intended to prove that the killings were premeditated and part of a conspiracy. Cross-examination by Scholle’s attorney, Richard W. Hanawalt, apparently was intended to prove that Scholle did not take an active role.

For example, Vargas testified that Scholle was absent when the idea of a shooting was first discussed. All four youths were at an impromptu party in a Ventura lemon orchard, Vargas said, but Scholle was in Vargas’ car, necking with a girl, when the other three came up with the idea.

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Vargas said he was not sure who proposed the shooting. He recalled that as the three boys admired the gun and Throop took a practice shot in the orchard, Medrano mentioned that he had been forced to transfer from Buena High School after being beaten three times by Campos gang members.

Vargas said he later learned that Throop also had a score to settle with the Campos.

Vargas said Throop suggested parking on a hill above Cabrillo Village. Then Throop would run down, fire shots and return to the car, Vargas said. When Scholle rejoined the group and heard of the plan, “he was pretty much into it,” Vargas testified.

On the way to Cabrillo Village, Scholle and Throop argued about who should fire the shots, Vargas said. Throop noted that Scholle got to neck with the girl, “so Tony was going to shoot the gun,” Vargas said.

Vargas said that at Cabrillo Village they abandoned the original plan and Throop fired from the back seat of the car. Vargas’ view was blocked, but he said Medrano claimed to have seen one of the victims grab his stomach and fall.

They returned to Ventura and hid the gun behind a church, he said.

Hanawalt will continue his cross-examination when the trial resumes Monday.

Unlike the other defendants, who have been ordered to stand trial as adults, Scholle has remained in the juvenile system because he is only 15. Superior Court Judge Allan L. Steele will decide whether Scholle is guilty. The other defendants could be sentenced to as much as life in prison, but Scholle cannot be held beyond his 25th birthday.

The absence of a jury allowed for lively exchanges between Kossoris and Hanawalt, who is known for his flamboyant courtroom style.

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At one point, Kossoris asked Vargas if the “ER” tattooed on Scholle’s wrist meant that he belonged to an El Rio gang.

Hanawalt objected. “Your Honor, ER could stand for Early Riser,” Hanawalt said. “Are we going to be interpreting the meaning of Mom, swords, roses and other tattoos?” Steele sided with Hanawalt.

But after ruling on many objections during more than five hours of testimony Thursday, the judge seemed exasperated. When Hanawalt repeatedly objected to Kossoris asking a witness if she were afraid to testify, Steele said:

“I’m not sure I understand the objection, but if I did, I would overrule it.”

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