Gang member’s murder convictions upheld
Orlin A. Campos-Cerna during his trial in Clark County Superior Court in October 2008. Cerna was convicted of first-degree murder for shooting a rival gang member in Vancouver.
Tuesday, March 2, 2010
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The Court of Appeals on Tuesday upheld a first-degree murder and attempted murder conviction of a Vancouver gang member.
A jury convicted Orlin Antonio Campos-Cerna in the Oct. 11, 2007, shooting of a rival gang member and a passenger in his car. He was sentenced in November 2008 to 55 years in prison.
In a 3-0 ruling, a panel of judges rejected arguments made by Campos-Cerna’s appellate attorney, including a claim that he wasn’t properly given his Miranda rights as a juvenile when questioned by police.
Police read Campos-Cerna his rights. But the defendant, then 17, claimed he didn’t understand that his testimony could be used against him in adult court, even though the warning did note possible outcomes for juvenile offenders. He also argued that because he was minor and English is his second language, he didn’t fully understand the warnings.
The appellate court said: “The state argues that nothing in the record shows that Campos’ statement was anything but voluntary” and that “the additional warning did not coerce or confuse Campos. ... We agree with the state.”
Another claim in the appeal was that there wasn’t sufficient evidence of premeditation to warrant convictions of first-degree murder and first-degree attempted murder.
The higher court noted that Campos-Cerna had led the victims to a “secluded neighborhood, anticipating there would be some conflict” before opening fire, according to its ruling.
During his four-day trial, jurors heard that Campos- Cerna admitted to detectives from the Vancouver Police Department that he fired his gun nine times at victim Jose Avila’s car. Avila, 34, died from a gunshot wound to the head. His passenger, Anthony Tirado, was not injured.
The shooting occurred at the intersection of East 26th Street and Fairmont Avenue.
The prosecution had contended that Campos- Cerna, a Sureño gang member, opened fire because Avila and Tirado, Norteño gang members, had shown him disrespect by shouting insults when Campos- Cerna pulled alongside them on Fourth Plain Boulevard.
The defense claimed Campos-Cerna moved to Vancouver from Los Angeles to get away from the gang lifestyle and fired only because he feared for his life. He meant only to shoot at Avila’s car.
Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.
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