Marysville Appeal-Democrat

Teens arrested for fatal drive-by shooting may be tried as adults; judge pushes hearing back

- By Jake Abbott jabbott@appealdemo­crat.com

Two juveniles accused in the fatal drive-by shooting of an Olivehurst man last week will return to court in June to determine if they will be tried as adults.

The teenagers – a 17-year-old boy from Olivehurst and a 16-yearold boy from Marysville – appeared in court Tuesday. Yuba County Superior Court Judge Benjamin Wirtschaft­er pushed the hearing back to allow the probation department enough time to investigat­e the case and make a recommenda­tion as to whether they should be tried in juvenile court or adult court.

The juveniles were arrested and charged with murder and participat­ing in a criminal street gang, as well as several sentence enhancemen­ts for street terrorism, dischargin­g a firearm and causing great bodily injury.

The charges stem from the shooting that occurred around 6:45 p.m. April 26 in Olivehurst, in which a 24-year-old man – Jose Zuniga-juache – was shot down while riding his bicycle in the 1800 block of Sixth Avenue. Zunigajuac­he was found lying in the street by deputies, who attempted CPR. He was transferre­d to Rideout Hospital where he was pronounced dead.

Witnesses gave police a descriptio­n of the vehicle and its occupants right after the shooting. A Marysville Police officer spotted a car matching the descriptio­n a short time later and attempted a stop. The driver of the vehicle led the officer on a short pursuit but eventually stopped on North Levee Road in Marysville.

Two adults – Christophe­r Garcia, 23, of Yuba City and Alex Ruiz, 18, of Marysville – who were in the vehicle – were also arrested by police on similar charges to the juveniles.

Garcia and Ruiz appeared for arraignmen­t in Yuba County Superior Court on Monday, and both pleading not guilty. They will return to court on May 23.

The juveniles will return to the Yuba County Superior Court June 6 at 9 a.m.

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