SAN FRANCISCO (CBS SF) – The trial of Edwin Ramos, an alleged MS-13 gang member accused of killing a father and two sons in San Francisco in 2008, will enter a new phase next week after the prosecution rested its case on Tuesday.
Ramos, 25, of El Sobrante, is charged with fatally shooting Tony Bologna, 48, and his sons Michael, 20, and Matthew, 16, near Maynard and Congdon streets in the city’s Excelsior District on June 22, 2008.
The trial has lasted nearly three months—it began with jury selection at the start of January—and will continue Monday when the defense begins presenting its case.
Assistant District Attorney Harry Dorfman said in his opening statement that Ramos shot the Bolognas after mistaking them for rival gang members, and that the shooting was in retaliation for a shooting earlier that day that injured another alleged MS-13 member, Marvin Medina.
Defense attorney Marla Zamora said in her opening statement that Ramos was driving the vehicle from which the shots were fired, but that another gang member, Wilfredo “Flaco” Reyes, was the shooter. Reyes remains at large.
Dorfman brought forward Andrew Bologna, who testified that he was in the car with his father and brothers when they were shot as they returned from a family outing in Fairfield.
Andrew Bologna said he saw Ramos driving a gray Chrysler 300 and staring at his father, then saw him pull out a gun and open fire. He said he did not see anyone else in the Chrysler.
Dorfman also brought in Medina to testify. He said that Ramos was already a member of the gang when he joined in 2007. Zamora has admitted that Ramos was once a member of MS-13, but said he left the gang in 2007.
Medina also testified that Reyes, whom he described as Ramos’ best friend, was the first person he called after being shot earlier on June 22, 2008, in San Francisco’s Mission District.
The case drew national attention to the city’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 the U.S. in 2000. He had numerous contacts with San Francisco police for criminal cases as a juvenile, but was not reported to U.S. Immigration and Customs Enforcement.
The city changed its policy after the murders. The Bologna family also sued the city over its sanctuary policy but a judge later dismissed the suit.
Danielle Bologna, the wife and mother of the victims, has been in court for most of the trial.
She and Andrew Bologna remain in protective custody, and the trial is being held in a courtroom outfitted with a metal detector and bulletproof glass.
(Copyright 2012 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)