Recent California Supreme Court precedent and a new state law will slice the sentences for two Fontana killers.
Rodolfo Nunez and Alfredo Rodriguez were convicted of the premeditated murder of Ofakitonga Kofu after separate trial verdicts in 2018. Rodriguez fatally shot Kofu July 10, 2017, in Fontana.
The crime
The ruling laid out the facts of the case:
Rodriguez shot Kofu after an argument between Kofu and Nunez outside of Kofu’s Fontana home.
A witness said Kofu told Nunez to pick up trash or beer bottles that Nunez had thrown out of his car. Nunez refused to pick up the litter, and challenged Kofu to a fight. Nunez and Kofu walked toward each other with fists up, but Nunez yelled “Sacala huey,” which the Court of Appeals translated to “Get it out.”
Rodriguez then shot Kofu with a shotgun.
Sentence reduced
Rodriguez was sentenced to five years plus 60 years to life. Rodriguez’s sentence included a 25-years-to-life sentence for a firearm enhancement, and 10 years for a gang enhancement.
Nunez was sentenced to 50 years to life. Nunez’s sentence included a 25-years-to-life sentence for a firearm enhancement, and a stayed 10-year sentence for a gang enhancement.
The two 10-year sentences will be dropped after California recast the legal requirements of a gang enhancement in 2021.
Following the change, gang enhancements can be found only if three prior offenses conducted by members of a gang were done to benefit the gang in a way other than reputation. Previously, a reputational crime would have counted toward the enhancement.
In this case, each prior offense was argued to be done only for the sake of the gang’s reputation.
The trial court may now retry Nunez and Rodriguez on the gang enhancements.
San Bernardino Superior Court will also review the firearm enhancements, following the Jan. 20 ruling in People v. Tirado that trial courts have the discretion to reduce firearm enhancements.
Case information
Jean Ballantine, under appointment by the Court of Appeal, represented Nunez.
Joshua Siegel, under appointment by the Court of Appeal, represented Rodriguez.
Attorneys General Rob Bonta and Xavier Becerra, Chief Assistant Attorney General Lance Winters, Assistant Attorneys General Charles Ragland and Julie Garland and Deputy Attorneys General Steve Oetting and Daniel Hilton represented the people.
San Bernardino Superior Judge Ingrid Uhler presided.
San Bernardino Superior Court numbers FWV17003089 and FWV17003091.
Appellate case number E071815.
Read the ruling here.
