VENTURA : Gang Member, 16, to Be Tried as Juvenile

A Ventura County Juvenile Court judge ruled Friday that a 16-year-old Ventura Avenue gang member should be tried as a juvenile, not an adult, for allegedly starting a fight that led to the stabbing death of 14-year-old Ricardo Hernandez on Oct. 9.

Judge Robert L. Shaw ruled that the boy, who has not been identified by The Times because of his age, should remain in Juvenile Court to face charges of conspiracy, assault and a special allegation that he committed the crimes in association with a criminal street gang.

Deputy Dist. Atty. John Vanarelli argued that the youth was a repeat offender who was committed several times to Ventura County Juvenile Hall. Each time he was released, he violated probation by hanging out with fellow members of the Avenue Gangsters and got into trouble again, Vanarelli told the judge.

On the night of the stabbing at Grant Park in Ventura, the youth struck the first blow, smashing Jason Shipley’s head with a four-inch rock, Vanarelli said.

But defense attorney Tim Quinn argued that the youth merely got involved in a fistfight that ended just before Eric Jones, 19, stabbed Hernandez in the back. The district attorney’s office chose not to file charges against Jones in Hernandez’s death.

Shaw said that the youth was unlike other gang members, who plan and collect weapons for drive-by shootings.

“He walked down a hill, he picked up a rock and he hit a guy with it,” Shaw said. “I don’t see any criminal sophistication whatsoever.”

Shaw added, “Certainly I regret there was a death in this case, and death is possible in every one of these events.” But Shaw said the youth, whose parents testified that he was calmer and better-behaved since Hernandez died, was a good candidate for rehabilitation in the juvenile justice system.