Murder Trial Judge Limits Gang Evidence

A jury will hear only limited evidence linking four Conejo Valley teenagers accused in the stabbing death of a 16-year-old from Agoura to a suburban gang known as the Gumbys, a Malibu judge ruled Monday.

Judge Lawrence J. Mira said prosecutors may call two police experts to explain gang terminology and give basic background information about the Gumbys, a gang that police believe began as a dance club in North Hollywood in the early 1990s and later turned to crimes including assault, robbery and even murder.

The key witness for the prosecution told police that the four youths “claimed” affiliation with the Gumbys moments before the fight that led to the death of Jimmy Farris last May. He also said the youngest of the accused, Micah Holland of Thousand Oaks, who was 15 at the time of the slaying, used the term esse during the altercation. Esse, a slang term in Spanish, is a word unique to gangs, the judge ruled.

“Esse is not within common knowledge and would require expert testimony to explain to a jury,” Mira said.

But other testimony given during the four-day evidentiary hearing is not admissible, Mira ruled, including the opinion of a Los Angeles Police Department gang expert that the four defendants are active members of the Gumbys.

On trial with Micah Holland are his older brother, Jason, now 19, Brandon Hein, 19, of Oak Park, and Tony Miliotti, 18, of Westlake Village. All are being tried as adults because of the seriousness of the crime.

Based on his review of police reports, letters from known gang members, photographs, clothing worn by the defendants, their haircuts and a tattoo on Micah Holland’s back, Det. Rollie Landtiser said last week that all four youths were gang members. But a deputy from the Lost Hills Sheriff’s Station contradicted that testimony.

In his ruling, Mira said that Landtiser had based his opinion on speculation and was not familiar enough with the Gumbys’ membership to make that judgment.

Opening statements in the trial are expected this morning.