This post was originally published on this site
On May 24, 2025, at approximately 4:58 PM, the Tustin Police Department’s dispatch received 911 calls regarding an altercation at the 76-gas station located at 3071 Edinger Ave. in the City of Tustin.
Police officers responded and located a 27-year-old male victim of a possible stabbing and immediately rendered medical aid.
The victim was transported to Orange County Global Medical Center in critical condition and despite lifesaving efforts, succumbed to his wounds.
Officers searched the area for the suspect after securing a picture of him from surveillance footage but were unable to locate him. Detectives responded to the scene and began their investigation which resulted in the identification of 51-year-old Jose de Jesus Herrera, a resident of Pomona, as the suspect.
The investigation revealed Herrera and the victim were in an altercation which escalated into the stabbing of the victim. The suspect turned himself in to Tustin police detectives and he was later booked into the Orange County Jail for PC 187 – Murder.
Detectives are requesting for anyone who has further information on this incident to please contact the Tustin Police Department at 714-426-2427, or you can anonymously report information at www.wetip.com.
A man arrested and booked for PC 187 – Murder in Orange County, California, faces severe penalties under California law, which vary depending on the specific circumstances of the crime and whether it’s classified as first-degree or second-degree murder.
Here’s a breakdown of the potential penalties:
I. Degrees of Murder and Corresponding Penalties:
- First-Degree Murder: This typically involves premeditation, deliberation, or is committed during the commission of certain serious felonies (felony murder).
- Penalty: 25 years to life in state prison.
- Capital Murder (First-Degree Murder with Special Circumstances): This is a more serious category of first-degree murder, including circumstances such as killing multiple people, killing a peace officer, killing for financial gain, or by means of torture.
- Penalty: Life in prison without the possibility of parole (LWOP) or the death penalty (though there is currently a moratorium on executions in California).
- Second-Degree Murder: This involves malice aforethought but lacks the premeditation or special circumstances of first-degree murder. It can also apply if the killing is a result of an inherently dangerous felony not listed under first-degree felony murder.
- Penalty: 15 years to life in state prison.
- Enhanced Penalties for Second-Degree Murder: The sentence can be increased to 20 years to life if the killing was a drive-by shooting, or 25 years to life, or even life without parole, if the victim was a peace officer or if the defendant had a prior murder conviction.
II. Additional Penalties and Consequences:
Regardless of the degree of murder, a conviction can also lead to:
- Firearm Enhancements: An additional 10, 20, or 25 years to life in prison if a firearm was used during the murder.
- “Strike” under California’s Three Strikes Law: A murder conviction counts as a “strike,” which can significantly increase sentences for future felony convictions.
- Sentencing Enhancements: If the offense is gang-related.
- Fines: A maximum fine of $10,000.
- Victim Restitution: The defendant will likely be ordered to pay restitution to the victim’s family for economic losses (e.g., medical bills, funeral expenses, lost income) and non-economic losses (e.g., loss of companionship).
- Loss of Gun Rights: A convicted felon loses the right to own or possess firearms.
- Sex Offender Registration: If the murder occurred during the commission or attempted commission of certain sex crimes, the defendant may be required to register as a Tier 3 sex offender for life.
III. Possible Lesser Charges and Defenses:
While he was booked for PC 187 Murder, the actual charges filed by the district attorney could be different. Depending on the evidence, the charges could be reduced to:
- Voluntary Manslaughter (Penal Code 192(a) PC): This is an unlawful killing without malice, typically committed “upon a sudden quarrel or in the heat of passion,” or in imperfect self-defense.
- Penalty: 3, 6, or 11 years in state prison.
- Involuntary Manslaughter (Penal Code 192(b) PC): This involves an unintentional killing resulting from criminal negligence.
- Penalty: 2, 3, or 4 years in state prison.
IV. Legal Process:
The man will go through a legal process that includes:
- Arraignment: Where he will be formally charged and enter a plea.
- Preliminary Hearing: A judge determines if there’s enough evidence to proceed to trial.
- Trial: If the case is not resolved through a plea bargain, it will go to trial.
Related
