People v. Saldana

Opinion

BEACH, J.

After a court trial, jury having been waived, Michael Saldana and his codefendant Ruben Arebalo

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were convicted of second degree murder of one Joseph Fenoff. Saldana, who had just turned 18 at the time of trial, was sent to the California Youth Authority. He appeals from the judgment of conviction.

Facts:

Debra Fenoff, the victim’s sister, thought that defendant Arebalo was following her in his car as she walked home from a friend’s house on the evening of December 10, 1973. After going home she went out for a short while; when she returned, Arebalo was parked across the street from her home. On her brother Cliff’s advice, she asked Arebalo why he was following her; he denied following her.

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After Cliff asked him to leave, Arebalo drove away.

Cliff and a friend drove to a liquor store. While Cliff was away, Arebalo, appellant and some others arrived in Arebalo’s car. Arebalo asked where the “big mouth” was, apparently referring to Cliff. Several witnesses testified about the following incidents. The exact sequence of events is unclear, but as Cliff and his friends were returning, Mike Saldana shot Joe Fenoff in the neck from close range. Michelle Ehlers testified that Joe said to Mike “Why don’t you talk reasonable to my brother?” to which Mike replied “Shut up or I will shoot you.” Debra Fenoff saw Mike with his arm extended, heard a pop, and saw Joe grabbing his neck. Sandra Lee Gannon testified Joe told Mike he was

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going to get himself in trouble, that he should talk things over; Joe tried to knock the gun out of Mike’s hand, but he missed and Mike shot him. According to Sandy’s version, the gun was originally pointed at Cliff. Although he later changed his story, Mike did at one time admit to the police that he shot Joe.

Both appellant and Arebalo admitted being at the scene of the crime. They said they had gone to straighten out the false report that Arebalo had been following Debra Fenoff. Mike Saldana had gone along since he knew the Fenoff family. They testified that Manuel Ayala, who denied any complicity in the crime, fired the shot.