On May 20, 2009, two Tulare Norteno gang members, Armand Torres (19) and Heriberto Botello (19) were found guilty by a jury of kidnapping for robbery and assault with a firearm. The jury also found true that the crimes involved the use of a firearm and the crime was done for the benefit of the Norteno criminal street gang. Defendant Botello was also separately convicted of making a criminal threat to the victim.

On May 19, 2007 around 4:00 a.m., two out-of-town gang members, unfamiliar with the city of Tulare walked down a poorly lit alley in the area of West Tulare Avenue and E Street. Upon reaching the end of the alley, Defendants Torres and Botello left a well-known Norteno gang house and confronted the two victims asking them where they were from and whether they “banged”. The victims identified themselves as members of a rival gang. Upon hearing this, Torres and Botello both pulled out concealed guns and pointed them at the victim. During the confrontation, the other victim was able to escape. He later contacted the Tulare Police Department. Defendant Botello held the victim at gunpoint and forced the victim into the backseat of a waiting vehicle. Once inside the vehicle, defendant Torres instructed the driver, Adrian Vasquez, to look for the escaped gang rival. Unable to find the escapee, Torres and Botello ordered the driver to drive all of them out into the Tulare County countryside. Once there, three miles outside of the city, the defendants violently threatened, assaulted, and robbed the victim at gunpoint. After removing his personal property, the victim was forced out of the vehicle and left on the side of the road.

Because this crime was done for the benefit of a criminal street gang and due to the violent nature of the crime, both defendants face a maximum of life in state prison plus 25 years. The defendants are scheduled for sentencing in Department 12 on June 25, 2009. Adrian Vasquez, the driver of the vehicle, is facing 10 years in state prison and is pending sentencing on May 26, 2009.

The case was investigated by the Tulare Police Department, Detectives James Kelly and Rose Denny, and with the assistance of Investigator Keith Smith of the Tulare County District Attorney Bureau of Investigations.

Contact Person: Assistant District Attorney Shani D. Jenkins (559) 733-6411