Murder Counts Dropped Again in Shooting of Teacher Aides

Murder charges have been dropped for the second time against two reputed Santa Ana gang members accused of opening fire on a small birthday party last year, killing a teacher’s aide and wounding his wife.

Municipal Judge Gregory H. Lewis on Monday dismissed murder and attempted murder charges against Artemio Rios, 22, and Luis Plascencia, 20, due to insufficient evidence, said Rios’ attorney, Marlin Stapleton Jr.

Rios and Plascencia were charged in the Feb. 3, 1992, shooting of Joel and Sylvia Davalos, both teacher aides. The couple were at a birthday gathering with another couple when they were fired upon, according to police, who believe the victims were mistaken for rival gang members. Another suspect in the shooting, 20-year-old Joseph Florencio Arvizu, remains at large.

Prosecutor Mark A. Sevigny could not be reached for comment late Tuesday.

The case has been a troubling one for prosecutors. Charges against the men were dropped once before because of insufficient evidence, but prosecutors refiled the charges earlier this year against Rios and Plascencia, who have denied any involvement in the shooting.