Allegation by Juror Halts Killers’ Sentencing

A sentencing hearing for convicted killers Robert Don Imes and Vincent Ryan Gatica was abruptly halted Tuesday after a juror contacted prosecutors late in the day about possible jury misconduct.

The phone call came as Deputy Dist. Atty. Maeve Fox was arguing one of a series of motions in the case. Fox immediately notified Superior Court Judge Herbert Curtis, and a conference was called at the bench with the defense lawyers.

As they spoke in hushed voices, relatives of both defendants and the 24-year-old victim waited anxiously in the courtroom. After a brief recess, Curtis announced that the sentencing hearing would be postponed to July 11.

Outside the courtroom, Fox explained that investigator Ed Smith had received a phone call from a juror who had information that needed to be checked out before the sentencing could go forward.

“We got some information regarding some potential juror misconduct,” Fox said. She declined to elaborate.

Defense attorney David Callahan, who represents the 21-year-old Gatica, would only say the information could be “significant.”

The allegations come three months after Imes, 21, was convicted of second-degree murder and Gatica of involuntary manslaughter for their roles in the July 21, 1998, stabbing death of Moorpark resident Robert Bankson.

According to court testimony, Imes met Bankson and his friend, Joe Morgan, after a Ventura concert as the three men were walking down Laurel Street. One of the men offered Imes a piece of a hallucinogenic mushroom, according to testimony, and a fight broke out when Imes grabbed the whole thing.

Gatica, who had been with Imes at a nearby party, then joined the fray before Imes pulled a pocketknife and stabbed both Morgan and Bankson.

Morgan was able to run to a nearby convenience store for help. But Bankson was mortally wounded--stabbed several times in the head and chest.

Prosecutors argued at trial that both Imes and Gatica were guilty of murder because Gatica allegedly held Bankson down while Imes wielded the knife.

But jurors sided with the defense, which argued that Gatica joined the fight to help his friend and didn’t know Imes was carrying a knife. Gatica, who testified in his own defense, was acquitted of murder and convicted instead of involuntary manslaughter.

Both defendants sought new trials. Those requests were argued before Curtis on Tuesday, and both were denied.

In issuing his ruling, Curtis told Gatica’s lawyer that he felt the jury “easily could have convicted your client of second-degree murder” based on the evidence presented at trial.

“The jury did decide for whatever reason to slap your client on the wrist,” Curtis said. “That’s what they did.”

One of the defense arguments in favor of a new trial was that Curtis erred by not allowing the defense to bring in certain character evidence. But Curtis warned the lawyers that based on their clients’ criminal histories, “neither party wanted to open that door.”

He cited a “gang” photograph taken two weeks after the stabbing in which Imes and Gatica pose with Ojai resident David Alvarez, who this year pleaded guilty to murdering Oak View teen Kali Manley.

Later in the day, the lawyers fought over a motion filed by the prosecution to strip Gatica of his so-called “good time” jail credits.

The request is based largely on Gatica’s participation in a Feb. 1, 1999, jail riot that began when several inmates broke out of their cells and hurled food trays at deputies guarding the main jail in Ventura.

Deputies armed with riot gear lobbed “stinger” grenades and arrested 11 men, including Gatica.

Fox argued that Gatica’s 306 days of jail credits for good behavior should be taken away because he had 18 write-ups for bad behavior in an 18-month period.