Citing Prop 57, Santa Rosa teen shooting suspects sent to juvenile judge

A Sonoma County judge reversed charges Monday against three Santa Rosa teenagers suspected in a gang shooting, ruling a decision on how the minors are prosecuted must be made by another judge.

Judge Jamie Thistlethwaite’s action came in response to Proposition 57, passed Nov. 8., which strips prosecutors of the right to charge minors as adults, placing that authority solely with judges.

Now, the three teens - two 16 and one 17 - will go before a juvenile court judge for a ruling on whether they can remain in the juvenile system, which focuses on rehabilitation instead of punishment. If convicted in adult court, each teen would face more than 20 years in prison.

“It’s a positive development for human rights in general,” said Joe Stogner, an attorney for James Michael Villa, 17, of Santa Rosa.

Villa and two other teens, Miguel Angel Gonzalez and Kevin Anthony Torres, both 16, along with 25-year-old Alfonso McCloud, were arrested in a September shooting at a northwest Santa Rosa apartment complex that left two other teens with nonfatal wounds.

The defendants are accused of confronting the two suspected gang rivals, leading to a fistfight and the shooting. One victim was treated and released. The other remained hospitalized.

Prosecutors chose to “direct file” against the three minors. Torres and Gonzalez were charged with attempted murder while Villa was charged with assault with a deadly weapon. McCloud also was charged with assault. All four faced gang allegations.

Although the shooting happened before the law changed, lawyers for the three teenagers argued it should apply. Prosecutors did not oppose the request.

The case was believed to be among the first since passage of Prop. 57.

Before the measure, prosecutors could charge minors 15 or older as adults if they were suspected of any of a list of serious crimes, including murder.

But now, all minors must go before a juvenile court judge to determine if they are fit for rehabilitation or should be transferred to adult court.

In recent years, Sonoma County has exceeded the state average for charging minors as adults. Six juveniles were charged as adults in 2015. The year before, seven were charged.

You can reach Staff Writer Paul Payne at 707-568-5312 or paul.payne@pressdemocrat.com. On Twitter @ppayne.