Jury convicts man of murder in 2014 road-rage shooting
SAN JOSE >> A man who fatally shot a father of two during a road-rage confrontation four years ago has been convicted of murder in the slaying, which spurred a recordsetting outpouring of financial support for the victim’s widow and young sons.
A jury convicted San Jose resident Fidadelfo Silva Ortiz of second-degree murder with a fire- arm enhancement Tuesday in the May 6, 2014, shooting of 37-year-old Phuoc Hong Long Lam at Tully and Senter roads.
Ortiz faces a maximum sentence of 40 years to life in prison, though he is eligible for parole after 25 years because he was 17 when the crime occurred.
“The jury carefully considered the evidence, and we appreciate them being thoughtful in returning an appropriate verdict,” Deputy District Attorney Bryan Slater said.
Lam was driving near the busy intersection when he swerved to avoid a car that pulled into his path, according to San Jose police. Both cars pulled over to the side of the road, and Lam and his wife got out of their vehicle.
At some point, Ortiz, a passenger in the other car, drew a gun and shot Lam in broad daylight.
Ortiz’s car, driven by Daniel Alejandro Reyes, sped away. Lam died at the hospital that evening.
Reyes earlier pleaded to an accessory charge and was sentenced to three years in prison. He testified for the prosecution in Ortiz’s murder trial.
Investigators culled witness accounts and surveillance
video in the area to come up with a license plate number and description of a silver Volkswagen Jetta. Reyes was arrested in Tracy on May 19, 2014. Ortiz was arrested four days later in Oakdale, a town between Modesto and Yosemite National Park.
During the murder trial, Ortiz presented a self-defense claim, and his defense attorney Steve Teich called to the stand witnesses who testified that Lam was being aggressive and was standing close to the passenger door near where Ortiz was sitting.
But Slater cited cellphone records that showed Ortiz and his girlfriend were having a heated argument about 20 minutes before the shooting, during which he purportedly threatened to harm her and her family.
“He might not have intended to do that, but it shows he was in an angry state of mind when the shooting took place,” Slater said. “I don’t think we’ll ever fully know
what set him off. Lam did something Ortiz did not like, he got angry and shot at him.”
Teich declined to comment on the case when reached by phone Wednesday.
In the wake of Lam’s death, San Jose police Officer Huan Nguyen spearheaded an online fundraising campaign to support the victim’s family, and support from both the public and the police union grew its initial modest aims to raise more than $100,000, including numerous donations from around the world. At the time it was the largest total raised for a crime victim’s family in the city’s history.
Slater said he hopes Tuesday’s verdict brings some measure of comfort to Lam’s family.
“Mr. Lam’s wife witnessed him being murdered,” he said. “I hope it brings her a sense of closure and justice that Mr. Ortiz was held accountable by the jury.”