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Surviving Son Testifies In 2008 Bologna Family Killings

SAN FRANCISCO (CBS SF) -- A son whose father and two brothers were fatally shot in San Francisco's Excelsior District as they drove home from a family outing in Fairfield in 2008 testified Wednesday that he saw alleged MS-13 gang member Edwin Ramos fire the shots.

Andrew Bologna said he saw Ramos shoot his father Anthony, 48, and his brothers Michael, 20, and Matthew, 16, as the family drove near Congdon and Maynard streets shortly after 3 p.m. on June 22, 2008.

"I saw him," Andrew Bologna said from the witness stand, pointing at Ramos. "He was staring at my dad, mugging him, giving him a mean look, and that's when he pulled out a gun."

Bologna, who was 18 at the time and is now 21, began crying as he recounted the shooting, which did not injure him.

"I didn't know what was going on, it was like a movie," he said. "They shot my family like that, it doesn't make sense."

Prosecutors allege that Ramos, 25, of El Sobrante, shot the Bolognas after mistaking them for rival gang members and that the shooting was in retaliation for the shooting of a fellow MS-13 gang member earlier that day.

Ramos has admitted to driving the car used in the shooting, a gray Chrysler 300, but denies that he fired the shots.

KCBS' Bob Melrose Reports:

Defense attorney Marla Zamora said in her opening statement in trial on Monday that a second man, Wilfredo "Flaco" Reyes, was in the car and that Reyes was the shooter.

Reyes, another alleged MS-13 gang member, remains at large.

Andrew Bologna testified Wednesday morning under questioning from Assistant District Attorney Harry Dorfman that he did not see anyone else in Ramos' car, and repeated the statement under cross-examination from Zamora Wednesday afternoon.

Zamora brought up testimony that Bologna gave during the preliminary hearing in 2009 in which he said he ducked when he heard the shots.

But he said Wednesday he saw the gun being fired and the bullet striking his father.

"I know Ramos was the driver and the shooter," he said.

Bologna's mother Danielle sobbed audibly during several portions of the testimony.

She released a statement saying "I am extremely proud of my son.  Testifying in such an emotional and stressful situation shows his courage and strength in wanting to fight for justice for his family."

The statement said Danielle Bologna would not comment further on the case until a verdict is reached.

The Ramos case brought national attention to San Francisco's sanctuary policy, which shielded undocumented juveniles suspected of crimes from being reported to federal immigration agents.

Ramos is an illegal immigrant from El Salvador who moved to San Francisco's Mission District in 2000, according to Zamora. He had contact with the city's Police Department as a juvenile but was not reported to U.S. Immigration and Customs Enforcement.

The city has since changed its policy. The city was also sued by the Bologna family, although a judge later dismissed the suit.

(Copyright 2012 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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