A probationer accused of gunning down a Mecca man outside his home was acquitted Monday of first- and second-degree murder counts, and jurors were unable to reach a verdict on a voluntary manslaughter charge.
Gilbert Contreras Martinez Jr., 36, of Coachella, is accused in the 2018 death of 40-year-old Hugo Nunez. Jurors convicted him of being a felon in possession of a loaded firearm.
Martinez is due back in court Friday for a readiness conference ahead of a possible retrial on the manslaughter charge, according to case records and Thalia Hayden of the Riverside County District Attorney's Office. He was being held without bail at the Benoit Detention Center in Indio.
The prosecution and defense completed closing arguments in the nearly two-week trial Thursday, after which Riverside County Superior Court Judge Otis Sterling sent the jury behind closed doors. The panel deliberated briefly Thursday afternoon and resumed the process on Friday and Monday.
According to a trial brief filed by the District Attorney's Office, the defendant was romantically involved with a woman whose mother was in a "periodic" relationship with a Mecca resident, Jesus "Junior" Nunez, Hugo's brother.
Jesus Nunez and his girlfriend were sometimes involved in spats that led to the woman, identified only as "A.R.," telling relatives he had been physically abusive, although the brief claimed there was no evidence to support the allegations.
On the night of April 8, 2018, A.R. threatened to expose Nunez's alleged bad behavior in phone calls to family members, prompting him to take preemptive action and start making calls himself, according to court papers.
One of the calls was to A.R.'s 10-year-old grandson, who became disturbed and cried when he spoke with Nunez, which led to Martinez intervening and calling Nunez, threatening to "kick his ass" for bothering the boy, the brief stated.
Nunez told the defendant to "(expletive) off" and further said he would be willing to fight him anytime, according to the narrative.
That prompted Martinez to grab several handguns, jump into his 2004 Chevrolet Tahoe and go searching for Nunez in Mecca, prosecutors alleged.
The defendant went to the residence that Nunez shared with his brother at 91120 Fifth St. and spotted Hugo Nunez walking out of the home, at which point Martinez shouted, "Where's Jesus?" While several witnesses watched, Hugo Nunez stepped closer to the roadway and asked why the driver wanted to know, according to the prosecution.
"Don't worry about it," came the reply, prompting Hugo Nunez to answer, "Well, that's my brother, and I'm going to worry about it," the brief said.
Sheriff's investigators alleged Martinez then pulled a semiautomatic firearm and fired four shots into his chest before speeding away.
Neighbors came to Nunez's aid, and he was taken to Desert Regional Medical Center in Palm Springs, where he died less than two hours later.
Because detectives lacked a specific description of the driver of the SUV and other details, the investigation spanned a full year before Martinez was formally charged and arrested.
Court records show he has prior convictions for reckless driving and possession of controlled substances.