Jose Antonio Barajas, who is accused of shooting and killing 19-year-old Ariana Zendejas in August 2014, appeared before San Benito County Superior Court visiting Judge Sam Stevens on Sept. 9, and learned he may finally see his day in court Oct. 4, unless there is a plea bargain beforehand.
Barajas’ attorney Harry Damkar told Stevens he was ready for trial, but that he was trying to “negotiate a possible settlement.” Damkar asked Stevens if, after the plea discussion, they could return to court in one week. Stevens agreed and set a trial confirmation hearing for Sept. 16.
After the hearing, District Attorney Candice Hooper confirmed to BenitoLink that she was meeting with Damkar to discuss a possible plea bargain.
Barajas has been held in the San Benito County Jail without bail since he was captured July 12, 2018, in Mexico by U.S. and Mexican authorities. He fled the U.S. after the shooting that killed Zendejas. He pleaded not guilty on July 16, 2018, before San Benito County Superior Court Judge Steven Sanders. In January 2020 his court-appointed attorney Gregory LaForge stepped down due to a conflict of interest.
Barajas has appeared in court 10 times. During the April 15, 2019 hearing, three eyewitnesses, including two who were in the car with him as it chased the car in which Zendejas was a passenger in the back seat, alleged that Barajas shot at the car and killed Zendejas. LaForge did not deny what happened. Instead, he said Barajas did not want to hit anybody.
“He was shooting at the tires. That is not willful and deliberate, premeditated murder. It’s not first-degree murder,” LaForge reasoned at that hearing.
Sanders said there was sufficient evidence to charge Barajas with pre-meditated murder, as well as the other felony counts.
Barajas was charged with six felonies from incidents occurring on Aug. 14, 2014: one count of murder, with two enhancements in using a firearm; three counts of attempted murder, also with two firearm enhancements; one count of kidnapping, with two enhancements; and one count of shooting at an inhabited dwelling/vehicle.
On Sept. 18, 2020, he was charged with two more felonies while incarcerated. He is accused of bringing a controlled substance for sale and distribution into the jail on Sept. 15, 2020. The second, related felony is that he took part in “street terrorism,” according to court documents, by participating in a criminal street gang with the knowledge of its criminal activity.
Other related BenitoLink articles:
Public defender’s conflict of interest delays Barajas trial
Barajas set for 10-day jury trial in January
Barajas defense asks for motion to examine judge’s handling of case
Barajas hearing delayed three weeks
Barajas to appear in court June 27
Barajas hearing delayed until June
Three eyewitnesses say Jose Antonio Barajas fired shot that killed Ariana Zendejas
Murder suspect Barajas back in court
Judge grants three-week continuance in Barajas case
Jose Barajas held without bail, pleads not guilty to murder and other crimes
Jose Barajas arraigned on murder and six other felonies
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