Least we think that illegal immigration violence is new or confined to certain area's of our country, please read this.
Juan Astello appeals from his convictions for second-degree murder, first-degree kidnaping, and conspiracy to commit a forcible felony.We affirm.
I. Background Facts and Proceedings.
Juan Carlos Astello was charged with first-degree murder, first-degree kidnapping, conspiracy to commit a forcible felony, and criminal gang participation in the shooting death of Gregory “Sky” Erickson.Under the State’s theory, Erickson was kidnapped and murdered by members of the Los Krazy Boyz, an Estherville Gang, over a disputed drug debt.
According to the State’s evidence, Luis Lua and other gang members assaulted and abducted Erickson in Spencer on June 6, 1997.Although not present at the time Erickson was abducted, Astello joined Lua and others later that evening in Estherville.Astello was seen leaving Lua’s Estherville residence with Erickson and Ramiro Astello.This group met Ryan Wedebrand and Thomas Mann at a rural Iowa park where Erickson was bound, gagged, and repeatedly beaten by Juan Astello and other gang members present.Although Lua pointed a gun at Erickson, he did not shoot Erickson following a “not here” admonition by another member of the group.Erickson was then placed in the trunk of the car by Astello and others, covered by a garbage bag, and driven to an abandoned Minnesota farmstead where he was shot to death by Lua.While en route to Minnesota, Lua told the others he had enough ammunition for each of them to shoot Erickson.Wedebrand shot Erickson in the hip after Lua fatally shot Erickson in the head.Although others attempted to shoot Erickson after Wedebrand, Lua’s gun jammed, and they were unsuccessful.
Astello was first interviewed by police officers on June 15, 1997, as part of an investigation into the suspected disappearance of Shawn Knakmuhs.On that date police stopped Astello’s car because it matched the description of a car in which Knakmuhs was last seen.Astello and his passenger, Luis Lua, were asked by authorities to go to the Emmet County Law Enforcement Center for an interview with an investigator from Minnesota.While there, Astello was asked if he knew Knakmuhs or what may have happened to him.Astello denied knowing Knakmuhs or anything about his disappearance.
On June 18, 1998, Astello’s car was seized by authorities as part of an investigation into Erickson’s death.Astello was told he could obtain a copy of the relevant search warrant at the Emmet County Law Enforcement Center.While there, Astello was again asked to submit to an interview by authorities.Because Astello was only sixteen years of age, authorities obtained written consent from Astello’s father to question Astello.Astello also signed a “Waiver for Juveniles--Sixteen and Over” form consenting to the interview and waiving a number of specified constitutional rights.During this interview Astello was asked about his relationship with Erickson, the last time he saw Erickson, and Astello’s activities on June 5 and 6, 1997.Astello denied Erickson was in his car on June 6 or that he was in any way involved in Erickson’s murder.
If you want the complete court proceding look here.
http://www.judicial.state.ia.us/Cour...earch=_Los_#_1