Duo Ambushed 3 Innocent Men In Huntington Beach, Prosecutors Say

HUNTINGTON BEACH, CA — Two men waited in a Huntington Beach alley to ambush a vehicle full of three "innocent" men, killing one victim in a gang beef over vandalism in their neighborhood, a prosecutor told jurors Monday, while the defendants' attorneys said their clients did not intend to kill anyone and were just there for a drug deal.

Juan Manuel Tobon, 28, and Juan Carlos Barrera, 43, are accused of killing 32-year-old Francisco Talavera-Ruiz on Jan. 29, 2022. Co-defendant Jesus Duarte is scheduled to go on trial later.

Omar Huerta and Sergio Miranda, who were passengers in Talavera-Ruiz's vehicle, survived the shooting, Deputy District Attorney Kara Thompson said.

"They were not looking for trouble," Thompson said. "They had no idea two men were waiting for them."

After Talavera-Ruiz was shot in the alley of Barton Drive between Koledo and Queens lanes at about 9:15 p.m., he managed to drive his Dodge Durango away but crashed a couple of blocks away, Thompson said.

Tobon, the suspected gunman, is accused of firing four to seven shots at the vehicle, Thompson said.

After the crash, Huerta and Miranda ran away to a nearby liquor store where they bought beer but did not call police, according to Thompson.

The prosecution's legal theory of the case is that Tobon and Barrera were "lying in wait" for rival gang members in the alley and did not care who they encountered, Thompson said.

"This is not a fight that got out of hand," Thompson said. "Or a mistake made out of fear."

The defendants were angered by rival gang graffiti popping up in the Oak View neighborhood, Thompson said.

Investigators got some clue into the motivation for the shooting from a jail phone call between Lana Truong and her boyfriend Franky Gonzalez, the prosecutor said.

Truong went to the area shortly before the shooting to pick up some mail and found out Tobon and Barrera were looking for her for "disrespecting the 'hood," the prosecutor alleged.

Truong was suspecting of throwing up the offending gang graffiti, Thompson said.

Investigators have made their case against the defendants through the jail calls, surveillance video and cell phone messages and locations the night of the shooting, the prosecutor said.

Barrera was in the alley for about 25 minutes before the gunfire erupted, Thompson said. Barrera and Tobon had been calling and texting each other before the shooting and then their communications go "silent" afterward as they change phone numbers, Thompson added.

A gardener found the suspected murder weapon on Feb. 8, 2022, which had DNA evidence on it linking it to Tobon, Thompson said.

Tobon's attorney, Ray Jones of the Orange County Public Defender's Office, said the prosecution has "misinterpreted" the evidence in the case in a number of ways. Jones said Oak View is such a "dense" neighborhood that everyone is familiar with each other and some residents hang out in the alleys.

"There are a number of people who sell drugs in this neighborhood," Jones said.

The text messages between Barrera and Tobon reflected a drug deal, not a conspiracy to commit a murder, he said.

Truong was given immunity to testify in the case so she will "feel compelled" to stick to her "speculation" about the motive for the shooting, Jones added.

The defense attorney said Tobon fell into selling drugs after he was convicted in an unrelated case, and was in the neighborhood to bring drugs for a deal.

Earlier that evening, Talavera-Ruiz was "flexing" on Tobon while brandishing a gun to tell Tobon he "was in the wrong neighborhood," Jones said. Tobon recognized Talavera-Ruiz's Durango later, putting Tobon "on alert" before the shooting, according to Jones.

"The seven shots you heard are from a man who was panicked," Jones said.

Barrera's attorney, Sal Ciulla, said his client was just there waiting for friends. Barrera's multiple phone calls to Tobon were to contact him about money Tobon owed, Ciulla said.

Tobon is charged with murder, conspiracy, and two counts of attempted murder with sentencing enhancements for lying in wait, the personal use of a gun, attempted premeditated murder, discharge of a gun, and discharge of a gun causing death.

Barrera is charged with murder, conspiracy and two counts of attempted murder with sentencing enhancements for lying in wait and attempted premeditated murder.