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Prosecution testimony is expected to wrap up next week in the trial of a man accused of gunning down a marijuana dealer whose girlfriend and toddler were with him when he was robbed and shot on a deserted Winchester road.
Ricky Martin Ortiz, 24, of Riverside, is charged with first-degree murder, two counts of firearm assault, a special circumstance allegation of killing in the course of a robbery and sentence-enhancing gun and great bodily injury allegations for the 2020 attack.
Ortiz is accused of killing 21-year-old Gustavo Hernandez.
The prosecution and defense delivered opening statements Monday, and the District Attorney’s Office has been calling witnesses since that time, with expectations of resting its case Monday or Tuesday of next week.
Ortiz is being held without bail at the Robert Presley Jail.
His co-defendants, Omar Arango and Joe Natividad Orosco, both 24 and of Riverside, reached plea agreements with the District Attorney’s Office prior to trial proceedings. Each man admitted an armed robbery charge, and in exchange, prosecutors dropped a murder count against both defendants.
Arango was sentenced in September, though the specific term of imprisonment could not be confirmed Wednesday. Orosco, who’s being held without bail at the Robert Presley Jail, is slated for sentencing on Tuesday.
According to a trial brief filed by the D.A.’s office, Ortiz and Hernandez were acquainted through prior marijuana sales, and the victim told his girlfriend, whose identity was not disclosed, that he “trusted” the defendant.
When Ortiz arranged to rendezvous with Hernandez on the night of March 4, 2020, in the 28000 block of Whitaker Street, which is dirt and lacks street lights, on the north end of Winchester, the victim was unconcerned, according to court papers.
Orosco drove Ortiz to the outlying location, joined by Arango and an unidentified teenage boy, in his Volkswagen Jetta, prosecutors said.
Hernandez, joined by his 2-year-old son and girlfriend, both of whom were in the backseat of his Nissan Altima, went to the location, following directions provided by Ortiz, and parked on the west side of the street, encountering Orosco’s car parked on the east side. The prosecution alleged that Ortiz intended to rob Hernandez of the two packages of marijuana he was selling, and that the defendant had informed his cohorts of his intentions prior to leaving for the sales drop.
Ortiz walked over to the victim’s car and was allowed to sit in the passenger seat because there was a chill in the air, according to the brief. The defendant initially indicated doubts about wanting to complete the transaction, but he was allowed to take pictures of the cannabis on his phone, which he said he would share with his friends to make a decision on the purchase, the narrative stated.
However, after he got out of the Nissan and started to walk toward Orosco’s vehicle, Ortiz abruptly swung around, pulled a six-shot revolver and opened fire, striking Hernandez in the face, chest and arms, prosecutors allege.
“The victim’s girlfriend was in the backseat, watching as Ortiz callously murdered the father of her child, (whom) she instinctively grabbed and sheltered by placing him down on the floorboard,” the brief stated.
After firing all six rounds from his pistol, Ortiz called Arango over to assist him, and the two grabbed the marijuana packages, then began searching for money and other valuables in Hernandez’s pockets until his girlfriend screamed at them to leave, prosecutors said.
Hernandez died at the scene.
After the defendants fled the location, the woman ran for help, finding an occupied home several blocks away, where the residents immediately called 911, according to the brief.
Sheriff’s detectives began gathering evidence from Hernandez’s Snapchat and other social media accounts, where he had been arranging marijuana sales, including with Ortiz, court papers said.
Three days later, sufficient evidence had been gathered to allegedly connect Ortiz and Arango to the fatal shooting, and the pair were arrested without incident. Orosco was taken into custody roughly two weeks later. The teen who had been with them was not charged.
Among evidence gleaned from Ortiz’s social media records were “several photos picturing Ortiz (and) Arango posing for the camera, holding up bags of marijuana on the day after the murder,” the brief alleged.
The defendants had no documented prior felony convictions in Riverside County.
“}]] Prosecution testimony is expected to wrap up next week in the trial of a man accused of gunning down a marijuana dealer whose girlfriend and toddler were with him when he was robbed and shot on a deserted Winchester road. Ricky Martin Ortiz, 24, of Riverside, is charged with first-degree murder, two counts of firearm Read More
