The Mercury News

Man found not guilty of murdering ex-girlfriend’s beau

- By Fiona Kelliher fkelliher@ bayareanew­sgroup.com

REDWOOD CITY » A jury has ruled a Peninsula man not guilty of murdering his exgirlfrie­nd’s new boyfriend after a 2016 confrontat­ion in which he shot both the boyfriend and his brother near a local park.

On Friday, jurors in San Mateo County Superior Court found South San Francisco resident Cristian Cruz-Partida, 23, guilty of felony assault with a semiautoma­tic firearm, but they stopped short of a conviction on murder or attempted murder charges, appearing to at least partially accept the defense’s contention that the shooting was in self-defense after a fight escalated.

The verdict concludes a case that had its origins in late 2015, when Cruz-Partida’s longtime girlfriend left him after years of alleged physical abuse and began dating Nicholas Gomez, 20.

One afternoon the following spring, Cruz-Partida, then 19, confronted Gomez and his brother Steven Gomez at Orange Memorial Park in South San

Francisco.

An argument and a physical fight ensued between the three men, culminatin­g in Cruz-Partida shooting both brothers with a handgun, prosecutor­s said.

The brothers were taken to a hospital, where Nicholas Gomez died of his injuries; Steven Gomez underwent several surgeries and survived. Cruz-Partida was arrested later that week in Stockton and has remained in custody since.

After five days of deliberati­ng, jurors remained unconvince­d that Cruz-Partida had not shot the men out of self-defense, said District Attorney Steve Wagstaffe.

“They just couldn’t reach that level of satisfacti­on that he wasn’t genuinely fearful,” Wagstaffe said.

Still, the assault conviction could mean up to 15 years behind bars.

Separately, Cruz-Partida faces several charges related to a 2017 assault he allegedly committed against another inmate while in custody.

A court date for that case is scheduled in January. Cruz-Partida remains in custody on no-bail status.

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