Lincoln Park drive-by shooting defendant faces trial in district court
May 18—CHEYENNE — Laramie County Circuit Judge Antoinette Williams ruled Thursday that one of two teens involved in the April 30 Lincoln Park drive-by shooting should face a criminal trial in district court.
The decision was made following a preliminary hearing for 17-year-old Johnny Munoz, who was charged as an adult with one count of first-degree murder and conspiracy to commit first-degree murder. His arrest stemmed from an initial investigation by the Cheyenne Police Department and U.S. Marshals Service Fugitive Task Force, which found Munoz allegedly responsible for firing a gun out of a moving vehicle and killing an unidentified 15-year-old girl at the end of April.
Julian Espinoza, 16, is the second defendant charged as an adult with conspiracy to commit first-degree murder and aiding and abetting first-degree murder for his role in driving the vehicle that Munoz was a passenger in. Their bonds were both set at $250,000 cash after they pleaded not guilty in an initial appearance last Wednesday, and they were appointed public defenders.
Espinoza was scheduled for a preliminary hearing alongside Munoz, but his lawyer filed a document Thursday morning in Circuit Court to waive the speedy preliminary hearing requirement. A new hearing date has not been scheduled.
When it came time for Munoz's preliminary hearing Thursday afternoon, the room was packed with residents prepared to hear whether his case would be bound over to Laramie County District Court.
Cheyenne attorney Patricia Bennett represented the defendant and argued the state failed to show enough evidence for probable cause, after questioning the only individual to take the stand.
Cheyenne Police Department Detective Mike Fernandez filed the affidavit of probable cause and was tasked with explaining the investigation and timeline of events leading up to Munoz's arrest.
Traffic stop
Fernandez said the defendant was identified as a passenger in a vehicle driving away from the scene of the crime, which was stopped at 12:21 a.m. April 30 by CPD Officer Robert Wingeleth. The officer was patrolling and heard multiple loud popping noises described in the affidavit as "consistent with gunshots."
As he was driving, he noticed a dark-colored SUV with no headlights or tail lights on and conducted a traffic stop. The driver was identified by Wingeleth as Espinoza, with Munoz and three other passengers later identified through police camera footage. Munoz was in the passenger seat, and the camera captured Munoz lifting his clothing and appearing to place something in his waistband.
Fernandez said Espinoza was separated from the group, and the car doors were opened to show the passengers, but he let them go. The description in the shots-fired call aired over the police radio informed officers the vehicle involved in the drive-by shooting was reportedly a red Cadillac Escalade, instead of the dark-colored Chevy Suburban driven by Espinoza.
However, a deeper dive into the investigation and surveillance footage from surrounding houses near the park showed it was the same vehicle. This led law enforcement to follow up with Espinoza, Munoz and other passengers in the car.
The detective said Munoz confirmed with officers he was in the passenger seat, and they had driven by the park and been shot at. He said the windows were rolled up during the incident.
Crime scene
Further testimony from Fernandez during the preliminary hearing focused on statements from witnesses, surveillance and body camera footage, as well as the crime scene processing of bullets found in the grass at Lincoln Park and on the street.
He described officers showing up at the park to respond to the shooting and finding the 15-year-old victim with a gunshot wound to her head. She was unresponsive while witnesses provided aid, and officers held pressure on her face and performed CPR until she was transported to Cheyenne Regional Medical Center in critical condition. She was declared dead later that day.
Witnesses said they saw a vehicle drive by and shoot out of the passenger window, and an unidentified minor called J.O. in the affidavit said he shot back at the car with a 9mm handgun near the basketball court. Surveillance footage recorded the sound of the shooting, and it matched what witnesses described. There were three shots heard on the footage, followed by one, and then "16 rapid, nearly simultaneous shots."
His weapon was not recovered by law enforcement, but there were 14 spent 9mm shell casings found at the scene and processed. They were in the grass, and Fernandez said they were not in the direction of the victim. An additional four spent .380 shell casings were found on the street, and a box of unfired .380 ammunition was recovered from the console of the Chevy.
Fernandez said a partially crushed copper bullet was found during the victim's autopsy, and there weren't any metal pieces on the skull or brain that suggested the bullet was fragmented. A detective later compared the 9mm projectile recovered from the scene with a 115.94 grain weight to the bullet in her head, and it was 90.4 grains.
"The .380 bullets from the Chevy Suburban 'SIG' elite performance were 100 full grain metal jackets," according to the affidavit. "This information suggests that the caliber that struck B.C.C. was a .380 and not a 9mm, based on weight."
Alleged target
All of this testimony was information included in the affidavit, except for a statement by witness Joey Carabajal Jr. Fernandez said there were other people at the park during the shooting who left before police arrived, and Carabajal was interviewed at a later date.
Carabajal told law enforcement he was next to the victim and other female witnesses in the southeast corner of the basketball court. He started walking toward the court when he saw a car was driving by and the shots began.
"He told detectives he believed he was the target," Fernandez said, due to a pending second-degree assault charge.
No other information was provided on Carabajal and his connection to the shooting, but the Cheyenne Police Department and Laramie County Joint SWAT team conducted a high-risk warrant service last Friday for him in the 1000 block of West Leisher Road. He was not found, and no update has been provided on the whereabouts of the teen or the details of his warrant.
Lack of probable cause
The case was bound over to Laramie County District Court in the end, but attorney Bennett pushed back against both charges for Munoz.
She said there was no probable cause, since the victim was not suspected to be the target, and the state failed to show any agreement between Munoz and Espinoza to kill her. Bennett argued the state must show evidence that the killing was premeditated.
She also questioned Fernandez about the similarity in bullets, and how many individuals were known to have weapons on them at the time of the incident. J.O. was confirmed to have shot back at the vehicle, and a third witness with a gun was shown on surveillance footage leaving the park with Carabajal.
She pointed out that none of the weapons were recovered from J.O. or the third witness and tried to use Fernandez's response about the similarities between the ammunition. He said the .380 and 9mm bullets are very similar, but they are not the same weight, and the victim was not in the field of fire from where J.O. fired the 9mm. He said he was farther north of the court.
Bennett's final words in the preliminary hearing were that they had the utmost sympathy for the family, but the hearing should revolve around whether probable cause was demonstrated by the state.
Both the attorney from the Laramie County District Attorney's Office and the judge said that while the target may have not been the 15-year-old girl, "intent follows the bullet."
Assistant District Attorney Bill Edelman also said the driver of the vehicle slowed down, and circumstantial evidence, such as picking up Munoz and taking him to the park, showed they worked together. He said it was the middle of the night, and it was dark, and they didn't end up killing the right person. But that doesn't exempt them from first-degree murder charges.
He said the issue of a third gun could be handled in the district court criminal trial.
Jasmine Hall is the Wyoming Tribune Eagle's state government reporter. She can be reached by email at jhall@wyomingnews.com or by phone at 307-633-3167. Follow her on Twitter @jasminerhphotos and on Instagram @jhrose25.
