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A 32-year-old man was convicted Tuesday in connection with the first gang-related murder in Tustin in 11 years.
John Saway was convicted of first-degree murder with special circumstances of doing so for the benefit of a gang. Saway is scheduled to be sentenced May 13 to life in prison without the possibility of parole.
Co-defendant Sarith Yin, 29, was convicted in January 2012 and sentenced in April of that year to life in prison without the possibility of parole. His murder conviction has since been upheld by the Fourth District Court of Appeal and by a federal court judge.
Yin was the first of eight defendants to go to trial for the Jan. 10, 2010, murder of 16-year-old Juan Carlos Rodriguez, according to Deputy District Attorney Troy Pino. The city had not had a gang-related murder before that since 1999.
The victim was with a “tagging crew” at the party the night of his slaying, but there was no evidence he was in a gang, Pino said.
Two rival gangs got into a dispute at a party in the 15800 block of Myrtle Avenue, Pino said. Members of one gang left the party and returned later with “the big homies” in their gang, which led to the gunfire about 2 a.m., Pino said.
The victim was hiding behind a tree and was shot while running away, Pino said.
Yin was one of the gunmen, but investigators do not think he shot the teen, Pino said.
Saway is suspected of firing the bullet that killed Rodriguez, Pino said.
Saway’s attorney, Roger Sheaks, argued that his client was acting in self-defense.
“There was some ballistic evidence and shell evidence that suggested (the gang members) had fired a warning shot in the air, which is what one witness said,” Sheaks said.
“OK, so they don’t know it’s a warning sign so they shoot back. My argument was the victim was actually struck and killed by (members of a gang he allegedly associated with). They shot their own person in the back.”
Co-defendant Steven Kao, 25, was acquitted.
The victim’s family had emigrated to Tustin from Mexico, but returned there shortly after his murder, Pino said.
–City News Service
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