On May 26, 1989,18-year-old Edgar Hernandez, a.k.a. “Huero,” was acquitted of the charge of murdering a rival gang member, Rudolpho Rios, a.k.a. “Nene.”
After the jury returned its verdict, San Diego Superior Court Judge Elizabeth Zumwalt Kutzner, who presided over the trial, indicated that she could have understood either a guilty or not guilty verdict, although in 90 percent of all criminal cases decided by a jury, the defendant is convicted, often without any more evidence than was presented at Huero’s trial. What follows is a summary of the background to the case, the evidence introduced at trial, and the comments of six jury members, presented in an attempt to understand the reasons for Huero’s acquittal and the difficulty in prosecuting gang-related cases. In some instances, the nicknames of gang members have been changed.
Bam-Bam, Cookie, and Joker, demonstrating hand signals “Lomas,” “26,” “Chicas #1.” Joker testifies that she learned about the shooting from the homeboys hanging out at Dave’s Market at 26th and Broadway.
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