A man who has been in jail since he was 15 years old was convicted of first-degree murder today for shooting and killing a man he was trying to rob near a San Lorenzo Park in 2010, prosecutors said.
Gustavo Moran, 20, was tried as an adult for the murder charge as well as special circumstance allegations for the use of a firearm, shooting at an occupied vehicle and assault with a firearm for the murder of 18-year-old Jesus Diaz on Feb. 13, 2010.
A jury returned a guilty verdict for all three counts this afternoon in the Oakland courtroom of Judge Stuart Hing, according to the Alameda County District Attorney’s Office.
Deputy District Attorney Adam Maldonado argued during the trial that Moran was with a group of three other teens who attempted to rob Diaz of $250 that day, prosecutors said.
The teens followed Diaz to his Ford Explorer parked near the San Lorenzo Community Center Park 1970 Via Buena Vista just before 9 p.m.
When Diaz refused to give up the cash, Moran hit him in the face multiple times with a 9mm pistol and when Diaz tried to drive off, Moran unloaded the clip at him, prosecutors said.
Diaz passed out behind the wheel as he bled out and crashed the car into a nearby house.
He and a passenger were taken to Eden Medical Center in Castro Valley where he was pronounced dead and the passenger was treated for injuries not considered life-threatening, according to prosecutors.
Moran and his three alleged co-conspirators were arrested two days later in San Leandro.
One of the other suspects, 22-year-old Sergio Oseguera, who was 17 at the time, was also charged as an adult in the case and is still awaiting trial, prosecutors said. The other two suspects were never identified because they were not charged as adults.
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