An appellate court cleared a man’s kidnapping conviction related to a drug dealer’s murder Nov. 16. His murder charge, and his accomplice’s, were affirmed by the court.
Adrian Fernandez murdered supplier Sergio Lopez Fernandez with the help of Enrique Martinez and another man who testified against them, according to the unpublished appellate ruling. Fernandez had received at least 925 grams of methamphetamines from Lopez Fernandez on credit, according to the ruling. Fernandez was going to sell the drugs, but a California Highway Patrol officer seized them first, according to the ruling.
The loss of the meth resulted in Fernandez’s debt to Lopez Fernandez, the ruling states. Lopez Fernandez threatened Fernandez’s family unless the debts were repaid, but Fernandez, Martinez and Jorge kidnapped him and shot him twice in the head after luring him to Riverside County on the pretense of paying him, according to the ruling.
The appellate court ruled that Riverside Superior Judge Ronald Taylor, now retired, instructed the jury to consider conviction under the wrong doctrine. Conviction should have been considered under the natural and probable consequences doctrine, but was instead the conviction was on direct aiding and abetting principles, the appellate court ruled.
Richard Levy represented Fernandez on assignment from the Court of Appeal. Christian Buckley represented Martinez.
Justice Marsha Slough wrote the opinion, which Associate Justice Michael Raphael and Associate Justice Douglas Miller joined.
Case No: E071837
Riverside Case No: RIF1309149
Read the case here.
