By Aaron Burgin, The Porterville Recorder
A Tipton man who allegedly shot and killed another man in October over his alleged gang affiliation will stand trial on first-degree murder charges, a Tulare County Superior Court judge said Friday.

Judge Gerald Sevier bound Joaquin Garcia over for trial after a preliminary hearing that included testimony from two witnesses and a Sheriff's Department detective that labeled the killing as “gang-related.”

Garcia will be arraigned at 8:30 a.m. on Jan. 11 in Dept. 3 courtroom. In addition to the murder charge, Garcia faces several enhancements, including a special gang enhancement that alleges the crime was done to promote the activity of a street gang. “We believe that the crime was committed by a ‘Northern' gang member, and that it was done to promote the gang,” Deputy District Attorney Ralph Kaelble said. “The evidence suggests that this is the case.”

Shortly before 8 a.m. Oct. 22, sheriff's deputies responded to a report of a person down in the area of Evans Road and Cooper Avenue in Tipton. Deputies initially listed Barnes' death as suspicious, but an investigation led officers to arrest Garcia on Oct. 23. Barnes died from a gunshot wound to the chest area, according to the coroner's report.

One of the men who testified in court Friday said that Garcia shot Barnes, who had recently moved from Los Angeles, because Barnes said he was affiliated with the Crips Street Gang.

Garcia is an alleged “Northern” gang member, which is identified by the color red. Crips are associated with blue attire, a color also associated with “southerners,” rivals to northerners. The defense attorney said he does not think the case was gang-related, and questions both the connection the prosecution is trying to make between Barnes and Garcia's alleged affiliations and the mind state of everyone involved.

The victim, the accused and witnesses had been drinking beers for several hours at the time of the shooting. “My client has told met that he is not a gang member,” said Paul Storey, Garcia's court-appointed attorney. “And they have no weapon, no DNA evidence, no footprints. All they have is the word of two people whose stories don't match.”

Isaac Ramirez, 22, said that Garcia became agitated and accosted Barnes about the affiliation. After the men took a brief “beer run” to a gas station - where Barnes was punched by another man - they returned and the argument between Barnes and Garcia escalated into a shoving match, which ended when Garcia kissed Barnes on the forehead, Ramirez said. “He told him that it was the kiss of death,” Ramirez said. “He told him to wait here, and he would be back.”

Garcia left, and Ramirez and Arturo Ortega, who also testified Friday, attempted to calm down Barnes. They walked to a park area adjacent to the apartments and drank for 10 minutes. Then, Garcia emerged from the shadows, Ramirez said.

Ramirez said he pointed the gun toward Barnes and fired one round, hitting Barnes in the chest. Ramirez said he ran. Ortega testified that he stared at Garcia for several seconds, then ran. Barnes walked off and later died.

Kaelble also questioned Det. Richard Ramirez, who testified that in his expert opinion Garcia was a Northern gang member, and that the killing was done for the promotion of the gang.

The detective's testimony came under fire by Storey, who questioned if his client had filled out a portion of the “gang questionnaire” he filled out upon arrest. The handwriting, Storey said, differed from that of his client.

Storey also questioned the correlation between Barnes' alleged affiliation with the Crips, because, Storey said, the predominantly black Crips and Hispanic Northerners have had positive dealings with each other. “He says something like that at trial and he will lose credibility,” Storey said.

Contact Aaron Burgin at 784-5000, Ext. 1047, or aburgin@portervillerecorder.com.

This story was published in The Porterville Recorder on Dec. 30, 2006