Man Convicted 2nd Time in ’96 Shooting

For a second time, a Ventura County jury has convicted 24-year-old Danny Zizumbo of attempted murder and conspiracy for his role in a January 1996 drive-by shooting that badly injured a Ventura teenager.

Zizumbo, a known Ventura gang member, was convicted of those same charges after a five-day trial in August 1996 in which prosecutors depicted him as the gunman wielding a semiautomatic weapon from the back of a van. He was sentenced to 38 years in prison.

But the conviction was overturned last fall after Superior Court Judge Brian J. Back ruled that Zizumbo’s trial attorney failed to present evidence suggesting another person was the gunman.

The case landed in Back’s courtroom after the California Supreme Court ruled that a hearing should be held to determine whether Zizumbo was given a fair trial two years ago.

During a short hearing last summer, Zizumbo’s appellate lawyer presented evidence that was not introduced during the first trial, including a tape recording of a 911 call in which witnesses are heard identifying a 16-year-old as the gunman.

Failure to present that evidence constituted ineffective assistance of counsel, Back ruled, granting Zizumbo a new trial.

Last week, that trial began. For four days, jurors heard testimony from police officers and witnesses at the scene, many of whom testified during the 1996 trial.

Zizumbo was found guilty of attempting to kill the teenager, who was shot in the leg and chest. He was also convicted of unlawfully firing a gun and plotting a murder with two other gang members. His sentencing is set for Feb. 26.