A Vancouver man who allegedly rendered criminal assistance to two men accused of shooting at three men in a vehicle last year won’t be charged at this time.
Clark County Deputy Prosecutor Dan Gasperino said on Tuesday that more evidence is needed in order to file charges against David J. Oster, 31, who was arrested in a March 28 raid. The case remains under investigation, Gasperino said.
Oster is accused of cleaning up glass after the back window of the victims’ vehicle shattered when Hector A. Nunez allegedly shot at the victims on Dec. 31 in Vancouver’s Covington neighborhood. Oster also didn’t report the shooting to authorities, Gasperino said.
Oster said he was “cleaning up the glass in the roadway to keep the street clean,” Clark County sheriff’s Detective Erik Zimmerman wrote in a court affidavit.
Nunez, 24, and Juan R. Granillo Jr., 22, pleaded not guilty Tuesday to a charge of first-degree assault related to the alleged shooting. Nunez also pleaded not guilty to unlawful possession of a firearm.
Granillo allegedly tried to start a fight with one of the victims with whom he had fought previously. He started “posturing aggressively,” removing his shirt and asking the victim to come onto his property in the 6700 block of Northeast 108th Avenue, Zimmerman wrote. Granillo whispered something to his roommate, Nunez, who pulled out a rifle, court records say.
Nunez allegedly pointed the rifle at one victim and said, “You don’t think I’ll shoot you?” according to court records. Nunez allegedly then pointed the firearm at the ground and fired the weapon.
As the three victims left in a vehicle, Nunez allegedly fired into the vehicle’s back window, shattering the glass onto the cul-de-sac.
Granillo’s attorney, Gerry Wear, said on Tuesday that some witnesses reported that a rock was thrown through the back window, and that’s what shattered the window.
“The victims, through the rearview mirror and the window saw Mr. Nunez with the rifle pointed at them,” Gasperino responded. Just before the window shattered, a witness heard “shoot, shoot,” Gasperino said.
Nunez and Granillo are associates of the Sureno street gang, Zimmerman said.
Oster has been out of custody as part of the supervised release program since his arrest last month.
Nunez and Granillo remain in the Clark County Jail in lieu of $200,000 and $150,000 bail, respectively.
All three suspects were arrested March 28 as part of a 4:30 a.m. raid by the Southwest Washington SWAT Team and the Safe Streets Gang Task Force at Oster’s residence and the residence of Nunez and Granillo.
