San Rafael Teen Gets Five-Year Prison Term for Role in Deadly Melee

By Bay City News Service

A San Rafael teen was sentenced in Marin County Superior Court this morning to five years in prison for his role in a deadly melee between rival gang members in San Rafael in May.

Bryan Sandoval Rocha, 18, stabbed three rival gang members with a knife during the brawl that involved boards and sticks on Woods Street on May 11.

One of the rival gang members, Jeffrie Lee Olmstead, 21, of Corte Madera, died.

The rival gang members clashed when they got out of separate cars after a pursuit through San Rafael. Rocha pleaded guilty to assault with a deadly weapon and participating in a criminal street gang in return for a maximum six-year prison term.

His co-defendant, Carlos Eduardo Gutierrez, 18, of San Rafael, pleaded guilty to battery causing great bodily injury and was sentenced to five years' probation. Both defendants were initially charged with murder.

Rocha's attorney Stephen Shaiken argued for probation. He told Judge Paul Haakenson Rocha and Gutierrez were the victims and acted in self defense.

"He (Rocha) and his friends didn't provoke the violence," Shaiken said. "They were pursued and tragically, one person was killed and one seriously wounded," he said.

Shaiken said Sureno gang members decided to beat up Rocha, Gutierrez and other Norteno members, who were playing football at Albert Park, as a way to celebrate the birthday of one of the Sureno gang members.

"Police immediately assumed the Sureno gang members were the victims," Shaiken said. Rocha was taking anti-depressants at the time and after his father was deported, he considered the Norteno gang his family, Shaiken said.

Shaiken said Rocha has since earned his high school diploma, become an avid reader and wants to own an auto repair shop one day.

Deputy District Attorney Yvette Martinez said despite the improvements Rocha has made in his life he chose to stab Olmstead and the other two unarmed men as they retreated toward a vehicle. She said the six-year term is warranted because of the violent nature of the crime.

Haakenson acknowledged the Sureno gang initiated the fight but he said a state prison term was necessary because Rocha pleaded guilty to assault and admitted personal and legal responsibility for the murder and assaults.

"This crime serves as a constant reminder of the brutality of gang warfare. It's not fun and games," the judge said as he looked at photos of gang members posing as they flashed gang signs.

"The photos show either ignorance or criminal disposition to commit violence on other gangs," Haakenson said.

The judge said he warned Olmstead about the violent nature of gangs when he appeared before him in court. "He (Olmstead) paid the ultimate price," Haakenson said.

The judge said Rocha is entitled to some sympathy and empathy because he initially was defending himself, but after he stabbed Olmstead, he went on the attack and became an aggressor.

"It's not a proper response to say they (the Surenos) started it and Rocha ended it," Haakenson said."The law says he's guilty. He pleaded guilty and did commit a crime," Haakenson said."I don't accept he was a cowering victim who was defending himself. He thrust himself into a lifestyle of violence. He bears responsibility for the lifestyle he led," Haakenson said.

In rejecting probation and sentencing Rocha to the five-year term, the judge acknowledged Rocha's mental illness, his age and his taking responsibility for the murder and assaults.

Rocha has 646 days credit, counting good conduct credits and time already served.

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