LANCASTER – Opening statements were delivered Tuesday in the trial of two brothers charged in a 2013 car-to-car shooting in Palmdale that killed a 7-year-old girl.
Jesus Alberto Peralta, 24, and Carlos Peralta, 21, are each charged with shooting at an occupied vehicle and premeditated murder in connection with the death of Desirae Macias, who was shot in the head while riding in her family’s vehicle. The Peralta brothers are additionally charged with three counts of attempted murder relating to the girl’s family members. The criminal case includes gun and gang allegations.
According to Deputy District Attorney Jonathan Chung, the confrontation that triggered the car-to-car shooting began around 12:40 a.m. Sept. 4, 2013, at a gas station near Fort Tejon Road and Pearblossom Highway – an area commonly referred to as “Four Points.”
During his opening statement Tuesday, the prosecutor played for the jury a surveillance video clip from the Mobil gas station. In narrating the silent video, Chung said Jesus Peralta pulled up to the gas station in a Ford F-150, with his brother, Carlos, in the passenger seat and a friend, Eduardo Diaz, in the rear seat. Soon after, a car pulled up driven by Lorena Ibarra, with her boyfriend, Brandon Castellano, in the passenger seat, and her two young daughters, including Desirae, in the rear seat, Chung said.
The evidence would show that Jesus and Carlos Peralta confronted Castellano with a gang challenge at the gas station, and then Carlos Peralta lifted his shirt to reveal a semi-automatic handgun, according to Chung. Castellano backed away from the confrontation, while Lorena Ibarra “kept yelling out, ‘I got kids in the car,’” Chung told the jury.
The video evidence shows the Peralta brothers walking over to the family’s car, and Castellano spraying both men with pepper spray before the family’s vehicle pulls away, Chung said. With Jesus Peralta behind the wheel, the brothers chased the family’s vehicle through residential streets in Palmdale while firing several rounds at the vehicle, Chung said.
During his opening statement, the prosecutor also played for the jury a portion of the recorded 9-1-1 call he said was made as the family was trying to get away.
The audio clip began with a frantic voice telling the operator, “They’re some Hispanic guys shooting at us…” And then later, “They shot her! They shot her!” – with voices screaming and wailing in the background.
The family didn’t realize Desirae had been hit until they made it home, according to Chung.
“A bullet had entered in the back of her head,” Chung said.
The evidence would show that the defendants got in a vehicle, pursued the victims for about 2.2 miles and fired several rounds at a car containing a family, Chung said. He urged the jury to find Jesus and Carlos Peralta guilty of the premeditated murder of Desirae and the attempted murder of everyone else in the car.
But defense attorney Robert Nadler said the surveillance video, when played in its entirety, would show a lot more than what the prosecution was attempting to portray. During his opening statement Tuesday, the defense attorney for Jesus Peralta painted Brandon Castellano as the instigator of the confrontation that sparked the shooting.
The video evidence would show Castellano getting out of the family’s car with “a swagger” and then approaching the Peralta brothers in a confrontational manner, Nadler told the jury. The video shows Castellano, at one point, putting his hand behind his back “almost as if he’s got something,” Nadler said.
According to Nadler, the video, when viewed in its entirety, shows Jesus Peralta walking away from Castellano and motioning for Castellano to leave.
But “Brandon Castellano keeps talking,” Nadler said.
“The evidence will show that he [Castellano] called them over so that he could pepper spray them,” Nadler told the jury. The defense attorney said Jesus Peralta was “extremely angered” after being “blasted” with pepper spray, but he had no reason to believe there were kids in the opposing vehicle.
Jesus “is a good kid, and he had no intention that night of harming any child,” Nadler told the jury during his opening statement.
Carlos Peralta’s defense attorney, Hung Du, said the case was about “road rage that went horribly, horribly wrong.”
Du said the evidence would show that the shooting happened only a few minutes after the gas station confrontation, when the brothers were still angered and in a rage over being pepper-sprayed. Common sense was taken over by the heat of passion, Du told the jury in his opening statement.
“This is not first-degree murder,” Du said.
Lorena Ibarra was the first witness called to the stand following opening statements Tuesday afternoon. Her testimony is expected to continue Wednesday in Department A16 at Antelope Valley courthouse.
Previous related stories:
Brothers plead not guilty in shooting death of 7-year-old girl
Arraignment postponed for brothers charged with murdering 7-year-old
Maria lopez says
Those anyone know these two brother, or thier background, who thier parents are, type of family? Its not your place to judge, you don’t know [removed] about those two or even how everything happen. These articles don’t give the full story and in court everything is manipulated to the benefit of win the case. So before you start labeling these people find out the truth, the whole truth. Stop giving your opinion on something you know nothing about.
lola admin says
Well what we do know is that they are murders .
And if you want to keep defending them go ahea.
Hope you realized that those brother are not good people !!!!!!!
Maria lopez says
Those anyone know these two brother, or thier background, who thier parents are, type of family? Its not your place to judge, you don’t know [removed] about those two or even how everything happen. These articles don’t give the full story and in court everything is manipulated to the benefit of win the case. So before you start labeling these people find out the truth, the whole truth. Stop giving your opinion on something you know nothing about.
pdr says
Come on people .the brothers have drove away.GANG BANGER BROTHER HAD A GUN IN HIS WAIST BAND.
SO HE WAS LOOKING TO BE A BAD ASS
THAY knew what they were doing to begin with so Save tax payer money just hang them.
And Tim you were not at that gas station.
So you should shut up
DR. says
So we should just blame our government because they allow us to purchase guns .
Yes the government is at fault?
If we didn’t have guns thier would be no more killing right ?
But the government should feel horrible there the ones to blame ? Since when do all have 9 to 5 jobs some of us work at hospitals … And have very hard schedules .
Folks this support the victims instead of attacking them and let the sheriff’s do they’re jobs. They got killers out of our streets let work together make our community a better place and let our citizens carry they’re firearm cause this type of stuff doesn’t happen in Arizona or Texas….
L.M. says
They’re guilty – no doubt about that. Just because it was “heat of the passion” doesn’t in any way justify what they did. LOL at the guy defending them saying “he’s a good kid”. Their lifestyle was obviously not the best.
I’m not saying there shouldn’t be any blame on Castellenos because it seems like it was all his fault that this went down the way it did. I hope he realizes that and feels horrible about the way he was acting.
Frank says
Can you tell us when the next court date will be ?
Tim Scott says
Once a trial starts it goes pretty much straight through. It says at the end of the article testimony was expected to continue today. If it didn’t wrap today (and that seems unlikely) it should carry on into tomorrow.
Lisa says
Wow! I teared up reading this story. May that beautiful little girl R.I.P …I have kids and I just couldn’t imagine. I hope they get life in prison smh so sad…
Done says
Liberals always whining about which parts of the constitution they don’t like and those parts are the one’s they say need to be changed. They don’t believe in the first (unless it’s protecting their “conform or be marginalized” dogma) or second amendment. I think the part of the 8th amendment that needs to be changed is the bit about cruel and unusual punishment. Liberals have stretched the definition of cruel and unusual to it’s illogical conclusion. Now if an inmate has to miss an episode of GOT it’s considered cruel and unusual punishment by the liberal dogma drones. Is not murdering a 7 year old girl cruel and unusual? I’ve been reading a lot of philosophy lately and I have to tell you, I agree with Machiavelli. These two scumbags should be executed in public, in the most violent way imaginable, so everyone can see, this is what happens when you’re actions render you unworthy of being labeled a human. After their found guilty at trial, of course.
Tim Scott says
My comment about the constitution was specifically directed at someone who was, as he often does, advocating for blowing off that whole “after the trial” part. I doubt they are a liberal though. More of a fascist.
As a side note…when the supreme court addressed the question of capital punishment Justice Scalia (not a liberal) specifically referenced the same basic argument that you just made…that some crimes are so heinous by their nature that a death sentence is neither cruel nor unusual, but appropriate and necessary. Interestingly, the brutal heinous crime that he cited as an example, that even a liberal would have to say would seem to justify the death penalty, was just overturned based on DNA evidence.
I’m not particularly opposed to the death penalty, but given the inequities in our criminal justice system and the current level of inaccuracy in findings I wouldn’t want to be the one sticking someone with a lethal injection myself. Can’t take that back if it turns out to be a mistake or a frame up.
Cali Palmdale says
Tim Scott— In these story they guys messed up it just takes one stupi+ choice and your life is ruined I feel bad for the parents but they messed up. yeah finally you open your eyes I’m sure if it was your lil girl you would like to be the executioner you can administer the lethal dose. Sounds great see we need to have Zero Tolerance for all these killers rapist specially the ones who molest defenseless small children we need to make sure all these criminals think more than twice before committing a crime killing someone or any serous crime AND LIKE I say if all the evidence is there obvious why waste money on a trial that’s where this great nation is SOFT HARTED WE GIVE TO MUCH SYMPHATY to all these criminals we have to change that. Tim glad you are finally seeing reality. HOPE NOTHING bad ever happens to any of you kids. I came to a conclusion you must be a convict rapist or have a few felonies on your rap sheet that’s why you are a criminal defender.
Tim Scott says
First off, let’s drop the false “hope nothing bad happens” BS, because we all know that you are actually saying that you DO hope something bad happens to “teach me a lesson.”
Meanwhile, I was hoping to have derailed your fascism train, but apparently I haven’t yet. So, just how do we in America determine that “all the evidence is obvious?” Do you think we should entrust that decision to a reporter for the AV Times? The story says who did it, so go on and execute them. Or the first cop on the scene? He has a gun. “I arrived on the scene, decided who the killer was, and shot them dead, case closed.” Does it sound incredibly stupid? BECAUSE THAT IS WHAT YOU ARE ASKING FOR.
As to me “starting to see reality,” you don’t know the first thing about me, other than that I don’t want to let this country slip into your insanely fascist way of thinking. So you can pretend to figure out whatever you want from that, but since most people aren’t fascists you should gather more evidence and present your case a little more coherently.
Cali Palmdale says
Tim Scott In no way I would want anything bad to happen to your Family or anyone else and that’s that truth but now days its like Lottery you don’t know when you will be a victim. But thanks for your response tells me a lot.
Tim Scott says
It IS like the lottery, almost. The REAL probability of being affected by crime for the ordinary citizen is vanishingly small…though admittedly not in the same order as a winning lottery ticket.
The whole bloated BS of the fearmongers is a huge part of the problems we face with law enforcement personnel…as well as a likely source of your own “kill the potentially criminal without bothering with a trial” line of really dangerous thinking.
Cali Palmdale says
Tim Scott. HAHA you make me laugh I knew that was going to be your response but let me tell you in reality there is way more chances of being a victim a crime than ever before and thanks to our great law enforcement it makes all those scums think a lil but not much before they commit a crime they have no brain for the good only to disrespect the law and any other human they come in contact with. And still they complain when they get shot or beat by our LAPD or LASD. You should change your name to EX CON Criminal Defender.
Tim Scott says
You do understand that there are statistics available on this internet thing, right? This isn’t some bar room where you can just spout garbage off the top of your head and expect people to take it at face value.
Crime statistics are available at the FBI website. Crimes per 100,000 residents. That will show you the overall odds of being a victim of crime are very low to start with. And before you say something stupid about the AV being some sort of extraordinary wild wild west, city-data dot com tracks that kind of thing, and Lancaster and Palmdale show up as ordinary average places. That’s STATISTICAL REALITY, not a product of your fevered imagination.
Now let’s apply a little common sense. Don’t worry, I’ll bring enough for both of us.
That low probability per hundred thousand residents…do you think it is evenly distributed? Out of a hundred thousand people some of them are going to be living high risk lives, don’t you think? There’s prostitutes, buyers and sellers in the drug trade, youngsters with aggressive hormones making them stupid…all those people probably draw more than their fair share don’t you think?
So, your scared of your own shadow “OMG the criminals, the criminals!!!” nonsense, is, in reality nonsense. Why you are so committed to living in this false fear is beyond me, but I know where it comes from.
I grew up in Lancaster. The crime RATE was pretty much the same as it is now. But mysteriously enough there is ten times the crime now. The Valley Press, and this site, are just FULL of crime stories. When I was a kid there was hardly any crime in the entire valley. BECAUSE THERE WERE HARDLY ANY PEOPLE. Yes, there is ten times as many crimes now. Ten times as many criminals. And ten times as many people out there, so the chances of you tucked in your house with your tail between your legs are still the same next to nothing that they were fifty years ago.
Get over it. Get a life and live it.
3rd suspect says
What happen to the 3rd occupant why did he walk free if there was 3 in the car …is he a rat ..states witness …i know when ur present and a crime was commited the cops automatically involve you..and i say i know cause ut happen to my brother in a case i was involved with
thatsenuff says
life of any sort is too good for these despicable wastes of energy.
Mark says
If I was on the jury they’d be guilty as charged.
Don’t forget crime is down in Palmdale
Tim Scott says
Having your mind made up before you see any evidence is the surest way to avoid jury duty. Good job.
Mark says
Yes but the bummer is you still have to show up. There’s a better way to avoid even having to show up. But since you know it all, I won’t tell you.
Tim Scott says
I would think that an obviously civic minded individual such as yourself would look forward to the opportunity to fulfill one of the duties of a good citizen.
Mark says
When the politicians and courts failed to enforce immigration/citizenship laws I no longer see the point in being a good citizen. You’ll be fine being judged by a group of your peers that don’t speak or read English.
Tim Scott says
As a third generation immigrant I find that expecting people to do their civic duty is reasonable, even if they cannot trace their roots to the immediate families of the founding fathers.
By the way, I haven’t noticed any of this “failure to enforce immigration/citizenship laws” of which you speak…and when certain political groups started yammering about it I did research the subject pretty extensively. If you are going to use that as an excuse for not being a good citizen you may want to look into how much truth is in it first.
Mark says
You haven’t noticed…
enough said.
Tim Scott says
LOL…clever!
Cali Palmdale says
Sad story those brothers messed up no need for a trail no need to waste tax payers money. they wanted to be hard core gangsters well kool NOW PUT THEM TO SLEEP NO NEED FOR A TRAIL al the evidence points to them well at least put the trigger happy one to sleep.. And for the girl and her boyfriend I think they should feel some guilt the boyfriend should be held some what accountable if he dint go and still got thing to boil even more all would of cooled off but no they ALL WHERE TOUGH GANSTERS and what mother takes her kids out with her boyfriend at that time of night they should be in bed by 8:00 pm unless you are going to teach them to be like her.
Tim Scott says
Your constant sounding of the “no need for a trial” trumpet inclines me to think that it is you who should be “put to sleep.” Anyone with such a blatant disregard for the law is clearly a danger to the rest of us.
Cali Palmdale says
TIM what if that was your child who got killed would you like for those or the shooter to eat free wake up every morning have his 3 meals a day no need to worries about rent bills just a free life… TIM you are so nice I think you feel like they should be set out of jail so they can kill someone else. that’s why there is no respect for life anymore and no respect for law enforcement if we have more people thinking like you I think it will just get worse. Listen I would be with you if the guys gun went of accidentally but it dint they shot a the car they knew what they where doing. WE need tougher laws teach people they cant just take someone’s life and expect to live free for the rest of there life we don’t you pay all there expenses with you taxes they I wont say nothing.
Cali Palmdale says
and excuse these auto correct phone cra–P suc____–ks
Tim Scott says
If we had more people thinking like you we would have the NKVD whisking people off to the gulag in the dead of night. What part of the constitution do you disagree with the most, fascist?
HHH says
Tim,
Do you have to comment on everything. Your constant babble and pages of crap talk are annoying. Go away.
Alicia A says
I can not these two low lives are still denying what they did. Guilty . Why waste my tax dollars ! I feel so sorry for this little girls parents.
Mark says
parents were part of the problem