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UPDATED: Arraignment postponed for brothers charged with murdering 7-year-old

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Jesus and Carlos Peralta appeared in court Friday afternoon, but their arraignment was postponed for two more weeks. (Photo by TONY CHEVAL)
Jesus and Carlos Peralta appeared in court Friday afternoon, but their arraignment was postponed for two more weeks. (Photo by TONY CHEVAL)
Bail for each brother has been set at $8 million. (Photo by TONY CHEVAL)
Bail for each brother has been set at $8 million. (Photo by TONY CHEVAL)

LANCASTER – Two Palmdale brothers allegedly involved in a car-to-car shooting that left a 7-year-old girl dead appeared in an Antelope Valley courtroom late Friday afternoon to face murder charges.

Jesus Alberto Peralta, 22, and Carlos Peralta, 19, did not enter a plea and their arraignment was postponed until Friday, Sept. 20. Family members of the Peralta brothers were in court Friday, but refused to speak with the media.

The brothers are each charged with one count of willful, deliberate and premeditated murder and shooting at an occupied motor vehicle, according to the Los Angeles District Attorney’s Office.

Desirae
Desirae

The men also face three counts of attempted murder, and the criminal case includes gun and gang allegations, the DA’s office said.

Prosecutors say the charges stem from an incident on Sept. 4 that led to the death of 7-year-old Desiree Ybarra (identified as Desirae Macias by the coroner’s office).

The incident occurred just before 1 a.m., and started out at the gas station at Fort Tejon Road and Pearblossom Highway(“Four Points”). The brothers allegedly issued a gang challenge to a male victim, and after a brief confrontation, the victim left the scene with his girlfriend and her two children, according to prosecutors.

The Peralta brothers got in a car, chased the victims and fired several rounds at the vehicle containing the family, prosecutors allege. Some time during the chase, the little girl was shot in the head. She was later pronounced brain dead at a local hospital, according to the DA’s office.

A short time after the shooting, a sheriff’s deputy was patrolling the surrounding neighborhood and saw a vehicle matching the description of the suspects’ vehicle. Deputies conducted a traffic stop and arrested the Peralta brothers and 20-year-old Eduardo Diaz of Littlerock.

The District Attorney’s office declined to press charges against Diaz due to insufficient evidence, according to Public Information Officer Shiara Davila-Morales. The case remains under investigation by the Los Angeles County Sheriff’s Department.

Bail for each brother has been set at $8 million.  If convicted as charged, the brothers each face a maximum prison sentence of 185 years to life.

Previous related story: Girl killed in car-to-car shooting in Palmdale

UPDATED 9/20/13: The Peralta brothers appeared in an Antelope Valley courtroom for a scheduled arraignment on Friday, Sept. 20. However, the arraignment was postponed again, this time until October 4. 

UPDATE 10/4/13: The Peralta brothers appeared in an Antelope Valley courtroom for arraignment on Friday, Oct. 4, but the arraignment was delayed yet again. The arraignment is now scheduled for Thursday, Nov. 7. 

UPDATE 11/7/13: The Peralta brothers appeared in an Antelope Valley courtroom for a scheduled arraignment on Thursday, Nov. 7, but the arraignment was again postponed. The arraignment is now scheduled for Tuesday, Dec. 10. We will continue following this story.

UPDATE 12/10/13: The Peralta brothers appeared in an Antelope Valley courtroom for a scheduled arraignment on Tuesday, Dec. 10, but the arraignment was postponed yet again. The new arraignment date is Tuesday, Jan. 14, 2014. 

UPDATE 1/14/14: The arraignment for the Peralta brothers has now been postponed to Tuesday, Feb. 4, according to the Los Angeles District Attorney’s Office. We will continue to follow this story.

54 comments for "UPDATED: Arraignment postponed for brothers charged with murdering 7-year-old"

  1. How about we get an update on this trial? I can care less on Palmdale School District election and the use of hand written signs.

    Next court date is on 11/7/13.

  2. Being a liberal I feel sorry for the two guys who shot the little girl. They probably had a rough childhood. I think that the AV owes them an apology for not providing them both with more taxpayer funded programs that would of kept them out of the gang scene.

  3. So, let me see if I’ve got this right. Those two guys just decided to harass someone they don’t know at a gas station at one in the morning?

    • No,they were from rival gang’s.The man was trying to get away letting the brothers and their friend know.He didnt want trouble cause he had his family in the car.He begged them to leave it for another day when he was alone.They wouldnt let him leave so he sprayed one of them with mace and that was when the game of cat and mouse began.:*(

  4. I don’t understand why they released Eduardo Diaz he was in the car when the cricrime occured I sure he ratted just like his older brother ratted on his partners in another crime …Cant let him get away with murder he is a lil punk as well read his facebook

  5. This is such a sad and terrible thing to happen, gangs are ruining our community and something must be done! Gangs should be treated as domestic terrorists and need to be cracked down on harder than ever before. These scum have been tagging up and claiming territory, it’s as if we are being invaded from within. I’m tired of seeing people like them walk around freely (you always know one when you see his prison and gang related tats), tired of seeing the tags on walls, in markets, at restaurants. I’m tired of hearing innocent people losing their lives because of scum like these brothers, we as a nation must do something about all this gang violence.

  6. I posted this under the original article about the shooting of this little angel. I decide to also post it here in hopes that it might make a difference to someone….

    “And to ALL OF YOU pointing fingers and passing blame, UR ALL MISSING THE POINT!!! This type of senseless violence happens every single day!!! And it’s usually the innocent who pay the price!! There is no regard for human life anymore. It really doesn’t matter who said what to who, or who was wrong or right!! The fact of the matter is a poor innocent child paid the price!! Life is precious!! Once it’s gone we can’t get it back…. No argument or unpleasant words can ever be serious enough to take a life!! Ignorant a**holes piss me off EVERYDAY around here and yes, sometimes I take the impulsive action of telling them what I think of them. We are all guilty of it! The guy that cut u off on the road. The one that took ur place in line or took ur parking space. Etcetera etcetera etcetara…. We don’t always have patience and tolerance for these inconsiderate low life’s!! But no one expects a life to be taken over it. So for me, personally, I know I’ll think twice the next time I wanna tell some POS what I think of them! And I’ll be grateful knowing that I didn’t have to lose anyone over some petty bs!! I would die if I ever had to make the decision that poor mother has to make to pull the plug on her baby!!! No mother should ever have to go through that! EVER!!!! I just don’t understand how these gun toting “hardasses” justify pulling a trigger like its nothing. No matter how much of a “thug” u think u are, don’t u still have a conscience? And even if u hate kids and just don’t give a sh*t, wouldn’t you at least have the forethought to realize that ur gonna end up in prison for the rest of ur life?? I just don’t understand it!! Where is logic and self-preservation at the very least?? Such a scary world we live in!! Life is precious!! It can be over in an instant. I just hope that I can do my best to stop taking it for granted. And love and appreciate my family every day knowing that tomorrow they may not be here. My prayers are with u precious little angel!!! Praying for a miracle little one!!”

  7. Were these boys ever busted for graffiti? Do they have a juvenile record or is this their first brush with the law?

  8. A gun in your hand is better than a deputy on the phone. We can’t get a cow, but the mayor of Lancasters wife can. And she tried to get on a plane with it, claimed she did not know where it was, she got away with it. Time for a new mayor and sheriff.

    • A gun in your hand without training and some sort of regular practice at a range will probably end up with you in jail or one of your loved ones or some innocent person injured because you don’t know how to handle a firearm.

      By instead of cow, I think you meant CCP, aka California Concealed Carry Permit.

  10. My condolences to the family of this poor little girl.
    …For you all, who want to blame the parents, SHAME ON YOU! Who are you to judge? You disgusting hypocrites.
    …I think these men should get the needle, no if’s, and’s or buts.

  11. I hope people will consider going out to Sammy’s Restaurant on Sierra Highway in Lancaster tomorrow (Saturday, September 7) to get your car washed and support this family in this unspeakably sad time.

    • ABSOLUTELY AGREE! It’s getting so that there are more criminals up here than decent people. We need to defend ourselves. The cops can’t handle this entire valley.

    • Sure worked in Texas when they allowed citizens to pack. Number of car jackings when way down with the criminal element figured out that Joe Blow might be armed.

  13. Why did the dad not have a chance to defend his family,why aren’t people talking about the right to bear arms.Why does LA county insist on making law abiding citizens,who pay taxes,don’t have a criminal record,pay registration on our cars and motorcycles,support law enforcement 99% of the time,take our kids to school,dont commit crimes,and dont do anything wrong on a daily basis,why cant we defend our familys,like our KERN county neighbors.california ccw laws have to change or we will be reading alot more of these types of headlines.Shall issue is not America,innocent persons blood is on the hands of all those who voted against the right to open carry.California Penal Code, section 12025 prohibits carrying concealed firearms in California, however, section 12027 provides the following exemption to this prohibition: “Licensed hunters or fishermen carrying pistols, revolvers or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.

    • If you want to open carry legally,than study firearms laws in California and get a valid fishing licences and carry your tackle,if not you are a criminal.LA county sucks for law abiding citizens,but for a criminal they know that 95% of the persons on the street cant have a gun on them,so they commit these crimes with the comfort of the fact that the victim will not be able to defend ones self.If these criminals where getting there heads blown off and the person who shot the criminal didnt get in trouble,than that is the best message we can send to a criminal.Good luck to all those who think a gun is the devil,you will wish you had one if the crap hits the fan.911 calls take on average 5 minutes to respond to,so if you want to wait on a 5 minute ETA,best wishes.I will respond with 1500 fps and within a matter of seconds I will decide what action needs to take place.God bless my guns,because I know that is the only thing that will keep me and my family safe.

      • To add to your comment the criminals know that in L.A. county unless it’s a capitol murder charge, the current early release programs you will only do 10% of your sentenced time.

        • Partly true. If it’s a non violent/non strike and they are sentenced to County jail. Violent crimes and strikes do 80-85% in state prison.

  14. did anyone come to think maybe they were coming from vacation or something??? why are the parents at fault for what happen??? you guys are ignorant!!! its not like they said “oh lets go get gas and have our lil girl murdered… well hunny that sounds like a splendid idea!!! seriously!!! they didnt know what was awaiting them!!!

    • Thats what I said. who knows why there out late. returning from vacation from labor day weekend.

    • I’m pretty sure they (the adults) said they were out “running errands”. I wonder if that pepper spray was like, on a key chain. If it wasn’t, was he expecting trouble? Is that why he had the whole family with him? And, I’M NOT blaming the “adults” by asking a legitimate question.

  15. These two foes are wearing Trustee greens. They deserve to be in county blues so they can starve instead.

    • …really sad..but as a mom of a daughter who is 20 years old..and is In jail..I can say with all my heart.. that as a mom..we r not proud..it hurts ..like u can’t imagine..me myself..live with this hurt everyday.. nGod Bless the family of the Lil Angel..n

    • Their parents have nothing to do with this ! We make our own choices when were old !!!!!! So you sound like a idiot ! Like your children are so perfect … hahah yeah right ! If i make a mistake guess what ,,, my fault not my parents !! Gosh !! Go to church !!!

        • The parents may possibly be to blame in this case, but in many cases criminals come from good hardworking families. It’s not always the parents fault when someone grows up only to do wrong. These people get into drugs, wrong choice of friends, and/or are weak minded. I feel bad for everyone involved when thugs come from good families. The criminals are selfish and couldn’t care less who they hurt…that includes their own family!! They are who they are and it’s a vicious cycle! They find GOD in prison, fool their families into believing that they have changed and if and when they get out….shocker! They break the law and hurt more people! Quit paroling these idiots! Keep violent offenders locked up for good!! They don’t get better, only worse!!!

    • The dad should be in jail because he went to get gas? are you serious? The parents are VICTIM’S, they just lost their child! Going to the gas station at 1 in the morning is not a crime!

        • Denise, 1am on a school night isn’t great parenting!. It’s sad what happened indeed but confrontation should be avoided especially if you have your kids near by. Nevertheless, my heart & sympathy goes out to the parents!

          • DOES IT REALLY MATTER IF IT WAS 2 AM OR 4 AM ! WE SHOULD FEEL SAFE NO MATTER WERE WE GO ! YOU DONT KNOE WERE THEY WERE COMING FROM SO BEFORE YOU START JUDGING THE PARENTS LOOK AT THE POOR LIL PRINCESS THAT DIDNT DESE5RVE THIS .. GETTING GAS AT 1AM DOESNT MEAN THEY WERE BAD PARENTS MIKE YOU IDIOT !!!!!!

          • Are we seriously discussing parenting here? When my kids were young my husband worked second shift and we had one car, I can not begin to tell you how many late night trips my kids made to pick my husband up from work when he couldn’t find someone else to ride with. We even stopped sometimes to get gas on the way home with the kids in the car. To blame this on the victims of this crime, and they ARE victims, every person that was in that car was shot at, is irresponsible and ridiculous.
            A baby was killed, shot in the head, for no reason. THAT is what people should be focused on, not blaming people who were doing nothing but stopping for gas.

          • Speaking as a liberal, if the parents just would have stayed home that night, two Hispanic gang members would not have gotten into trouble, that is the bottom line.

    • Really??? what kind of Moron are you? the point here is that we should be allowed to move freely around our town at any hour of the night or day without fear of these LOWLIFE GANG BANGERS asking where you from, what’s up or throwing any other gang challange to ANYONE….they are to blame not the MAN! get a clue! I am so sick of these thugs killing innocent kids and other people. hopefully they get theirs when they get to PRISON.

      • I’m with you Tori, I so don’t get why people would blame the victims of this crime. The only thing they did was go get gas.. nothing illegal about that, even at 1 in the morning.
        Even more sad, as any parent knows, these parents, these victims, are going to blame themselves and second guess every single step that happened without anyone else helping them along. It’s human nature.
        EVEN if people are right, and I don’t believe they are, that we should not ever, for any reason, be out with our children after whatever arbitrary time these judgmental ……. want to put out there, does that make you somehow culpable when some criminal shoots up your car???
        I’m half convinced that all these people blaming the victims must somehow be related to the gangbangers that did the shooting…

        • I know what you mean, the Mom’s boyfriend must be beside himself, he did at least try to end what ever the others were doing or saying to him, and telling them children were in the car. so at least he tried.

  20. The loss of a loved one is hard for everyone and it just begins to sink in only God can help in the lonely hours and bring the family stronger and together. God will stay with the family and help them through this grieving moment, Father in Heaven, please send they comfort to the family of this little Angel Desirae Macias, in the name of Jesus Christ.

  21. Dear God, Please take care of this baby, comfort her family, her friends, and give justice for her killing, I know that no matter what justice is meted out on earth,by humans, Your justice is more lasting and severe. Amen A loving Nana

  22. I am disappointed that the worthless pos’s aren’t going up on capitol charges because they deserve the death penalty. I’m sick of my tax dollars keeping these low life knuckle draggers alive. And the third pos loser better be in jail too. Sick and tired of the ignorant gang mentality. Sick and tired!!!!!!! Enough!!!!!!!!!!!

    • My family lost a loved one the same way. They want to shoot guns, we need to put all these worthless gang bangers on a deserted island & let them all just shoot each other to death. Rot in hell.

    • I agree these two deserve the death penalty but this sentence will be almost as good. From Facebook pictures, the brothers may not be in the country legally or may be Mexican nationals. That brings in a whole other set of things that the courts must follow. Then, what chance do you think they would ever be put to death by the state? They would sit up on death row forever while attorneys file appeal after appeal for the next 40 years while we tax payers foot the bill. I say just lock them up for a long time. Start with the prison where Desirae’s father is doing his time. If the survive that move them to where the Aryan Brotherhood is strong. If that does not finish them, pray for the Bloods and Crips….