Gomez
People v. Gomez
Opinion
Opinion
Soven, J.
Defendant John Gomez was found guilty by a jury of first degree murder and sentenced to prison for 27 years to life.
Facts
In June 1978, defendant and his wife Celia Maldonado separated. Celia had become involved with another man, A1 Herrera, the victim in this case. After the couple separated, defendant told Celia that unless she stopped taking their son when she went to Herrera’s house, defendant would kill Herrera.
Celia filed a petition for dissolution of her marriage in July 1978. In November 1978, defendant and Celia met with Royal Copple, a student intern who was serving with the Fresno County Family Court Services (FCS). Defendant told Copple that he would kill Herrera when the right opportunity arose. After the session, Copple notified Judge Kessler, who had referred defendant and Celia to FCS, of the threat.
Several months after defendant and Celia separated, defendant phoned Celia’s mother Mercedes Maldonado, and told her that he was going to kill Herrera because Herrera had destroyed his marriage. Defendant said that he would kill Herrera if it was “the last thing I do.” Maldonado phoned Celia and Herrera and warned them.