Probation for Assault on Witness

Three gang members have been placed on probation for a violent attack on a witness with sticks, bricks and a pellet gun.

Alvaro Davila, 17, Rudy Perez, 18 and Jorge Prieto Quevado, 16, entered pleas of no contest in San Mateo County Superior Court yesterday.

All appeared in adult court as allowed by Proposition 21, a 2000 California measure aimed at putting more juvenile suspects in adult courts and penal institutions, withholding some confidentiality rights and increasing punishment against gang-related crimes.

Each faced charges of intimidating a witness or victim, committing a felony at the behest of a gang, taking violent retribution against someone who has reported a crime, assault with a deadly weapon, taking part in criminal gang activity, and resisting arrest.

The victim was a Sureno gang member who had been attacked in the past and was prepared to testify. On April 15, the three juveniles and several adults, all Norteno gang members, saw the individual in his car and began verbally assaulting him, according to prosecution notes.

They allegedly followed him to a carport where they battered him with sticks and bricks while yelling gang slogans. Police say Prieto shot him with a pellet gun, after which the Norteno members fled.

Police tracked them to a nearby apartment, where they allege that all resisted arrest.

All three entered pleas of no contest to the charges at a pretrial conference yesterday. Acting Criminal Presiding Judge Robert Foiles placed each on three years of supervised probation on condition of having served 300 days in custody.

They must refrain from affiliating with gangs or gang members or possessing weapons or ammunition, and must abstain from alcohol and drug use, and must submit to genetic marker testing.

They will return to court Jan. 12 to arrange restitution.

The defendants were in custody on $250,000 bail each.