Witness in ’92 Attack Remains in County Jail : Crime: He refuses to testify against two reputed gang members accused of gunning down a teacher’s aide in Santa Ana. His attorney will argue on Jan. 11 for his release.

Ronald Lawrence Azevedo is spending the holidays in jail.

He’s not accused of any crime. And he could get out if he wanted.

But Azevedo is adamant: He refuses to testify against two reputed gang members accused of gunning down a young teacher’s aide during a birthday party in a tragic case of mistaken identity.

A judge took the unusual step of jailing the 21-year-old Santa Ana man as a reluctant witness. He has been in custody since June.

Azevedo’s lawyer says enough is enough.

“He is not going to talk,” said defense attorney Frederick McBride, who plans to argue at a Jan. 11 court hearing that his client should be released.

“I understand that the prosecutors want to solve a very serious crime. But how long are they going to keep him in there?”

Authorities are convinced that Azevedo has information about a Feb. 3, 1992, shooting in Santa Ana. Joel Davalos and his wife, Sylvia, both 21, were attending a small birthday party with another couple when gunmen burst into the back yard and opened fire. Joel Davalos was fatally wounded while his wife, Sylvia, was critically injured.

Police determined that the victims were mistakenly targeted by roving gang members looking for rivals.

The senseless attack outraged residents countywide, and caused Santa Ana police to work around the clock to find the assailants. Yet nearly two years after the murder, no one has been convicted.

In June, Superior Court Judge Michael Brenner took the rare step of jailing the prosecution’s key witness in hopes of compelling Azevedo to testify before the Orange County Grand Jury.

Azevedo’s testimony may be the only hope for prosecutors. Charges in the case have been dismissed twice against two suspects in the killing because of insufficient evidence.

State law allows Azevedo to be held in custody until he answers questions or until the current 1993-94 grand jury panel steps down in the summer, said McBride, who said Azevedo can also be released if the judge is convinced a jail stay will not result in testimony.

McBride said he cannot discuss the reasons behind his client’s refusal to testify.

On Thursday, Azevedo acknowledged he would be spending the holidays in custody, but steadfastly refused to answer any questions at the Orange County Jail.

Prosecutor Douglas Woodsmall, who supervises the gang prosecution unit of the Orange County District Attorney’s Office, said he could not discuss Azevedo’s case.

But Woodsmall said reluctant witnesses most often crop up in gang cases where fear of retaliation is apparent.

“Obviously, it’s never something that we like to do, to have a witness held for refusing to testify,” Woodsmall said. “It’s not something that is done frequently.”

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Shortly after the attack, murder and attempted murder charges were filed against Azevedo, Artemio Rios, 22, Luis Plascencia, 21, and Joseph Florencio Arvizu, 21. Police labeled the men gang members or associates.

Prosecutors said they considered Azevedo to be the least culpable of the four and granted him immunity from prosecution to testify. But again and again, Azevedo has refused to do so.

According to police, Azevedo did not witness the shooting, but admitted shortly after the shooting that he drove the gunmen to the home and waited outside while gunfire rang out. When the men returned to the car, Azevedo said, one of the men had a gun and they smelled like a “burnt match,” police said.

One bragged: “Jam, jam, I got one,” police said Azevedo reported.

The admissibility of those statements is in question, however. A judge dismissed charges against Azevedo after McBride argued that the comments were coerced by police.

In late October, Rios was shot once in the head in what authorities believe was a gang-related murder. That leaves Arvizu--who has remained at large since the shooting--and Plascencia as the remaining suspects in the case. Plascencia has repeatedly denied any involvement in the shootings.

Assistant Prof. Gregory C. Brown, who teaches criminal justice at Chapman University in Orange, said witnesses to gang violence often prefer to take whatever the legal system metes out rather than testify, because street justice can be deadly.

“The code on the street is: ‘You snitch, you die,’ ” said Brown, who grew up in Watts. “It is not that uncommon to have gang crimes where everyone knows who did it, but no one is willing to testify.”

Brown said many people enjoy increased stature in their neighborhoods for having refused to testify--halting a criminal case in its tracks.

McBride said his client is being housed apart from the general jail population. He is a “good kid” who was attending community college before his incarceration and has the support of friends, relatives, neighbors and teachers, he said.

But McBride said he cannot criticize prosecutors.

“They have to use tactics and strategies available to them. . . . I don’t think any of us can second guess that. It’s going to be up to the judge when enough is enough.”