Homicide defendants could face the death penalty
by Eric Firpo
Dec 22, 2009 | 3005 views | 54 54 comments | 25 25 recommendations | email to a friend | print
Defendants in orange and red from the left, Armondo Hernandez, 20; Roberto Arias, 19, with an interpreter; and Martin Flores, 21. Glenn Moore/Tracy Press
Defendants in orange and red from the left, Armondo Hernandez, 20; Roberto Arias, 19, with an interpreter; and Martin Flores, 21. Glenn Moore/Tracy Press
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Three men accused of homicide in a Tracy shooting Friday night were told by a judge during their first court appearance today they could face the death penalty if convicted of killing Spencer Sampson, 21.

Roberto Arias Jr., 19, Martin Flores, 21, and Armondo Hernandez, 20, appeared before Judge Thomas Harrington in a short hearing at which the defendants were appointed attorneys, and read the charges against them. Flores and Arias used court-hired interpreters during the hearing.

All three are charged with homicide, intentional discharge of a firearm, street terrorism, and a “special circumstance” charge they killed the man to “further the activities of a criminal street gang.”

They’re due back in court on at 9 a.m. Monday.

Attorney Gary Hickey will represent Arias; Doug Jacobsen is the attorney of Hernandez; and Ralph Cingcon will represent Flores.

The three are accused of shooting Sampson as he was walking down the sidewalk on his birthday with his sister and a friend on East Street across from Tracy High School.

Three men stopped as they drove by and asked of one of them was Spencer Sampson, said Sampson’s wife, Angie Sampson.

“Who wants to know?” Sampson said, according to his wife.

Harsh words were exchanged, she said, and there was a fistfight, during which he was shot. He died at bout 1 a.m. Saturday.

Sampson’s supporters lined about two rows of seats in the courtroom today, several wearing T-shirts that bore a photo of the victim smiling. One woman was crying as she walked into the courtroom, and Sampson’s friends and relatives quickly left.

Several supporters of the defendants sat in seats on the other side of the aisle.

About six of Flores’ relatives lingered somberly in the hallway outside the courtroom for some time after the hearing.

His uncle, Francisco Flores, said the defendant had been in Tracy for six years, and all that time worked at a plaster company in Hayward. His nephew had no criminal record, and stayed out of trouble.

“He doesn’t drink or do drugs,” Francisco Flores said. “He doesn’t do anything. We don’t understand.”

Contact Tracy Press City Editor Eric Firpo at 830-4223 or efirpo@tracypress.com.
comments (54)
« JB2009 wrote on Tuesday, Dec 29 at 09:11 AM »
Question: What is the percentage of prisoners sentenced to the death penalty versus prisoners who actually receive the death penalty? Also, they get THREE appeals, don't they? Does being read the verdict of "guilty; death penalty" really put the fear into any of them?

Suggestion: Why don't we amend the DP to where once someone is handed down the sentence, they have ONE YEAR to prove their innocence. After 365 days, the DP is actually carried out.

I don't even want to think about how much money we spend on prisoners on DP when that $$ should be used for more important things like schools to keep these pinks out of trouble.

Why is this not feasible? What would it take for us to get to that point?
« singlemama wrote on Monday, Dec 28 at 02:30 PM »
Grammar Police...I had to give up on reading that myself

There are only 3 ppl who NOBODY should feel sorry for..enough said

BUBBA..you can have em'

« Firemedic_not_Tracy wrote on Monday, Dec 28 at 01:08 PM »
Wow, one very long run on sentence. Now, it had lots of good things to say, just very hard to read.

Sincerely,

The Grammar Police..
« lilmoma72 wrote on Sunday, Dec 27 at 11:56 AM »
I do not understand how people say their not bad they make bad choices well they choosed to do something bad in fact one of the ten commandments thow shall not kill in fact that's what they did people make these bad choices for one reason only they do not care everybody knows what the out come is when they take a life whether if their Mexican white or black the nationality has nothing to do with it because their mexican does not make worse or any better all races have their baad seeds knowing that they harrased the streets with inocent people is awful I have 2 teenage boys who are not in that that life style why because you should always want more for your next generation to be somebody and to do good and be known for the good you have done that's how I want my kids to be known for parents you do need to step up to the plate and do your job and parent your kid discipline your kids let them know early from there on out what's is bad and will not be tolerated and what is good I really do not know where in our society we got this I do not care attitude and saying well they have had their kids young that is a poor excuse also I myself had my kids young and guess what once you cross that path you are no longer a kid you are a parent who needs to put a roof over their head and to feed them and you need to do it on your own all this well fare and medi cal it just gives people a crutch not to do better to be in society on the bare essentials empower yourself and it will empower greatness if not you will have a thug and wonder where did you go wrong it went wrong in the very begining so for those of you who said they didn't know these were good people bad choices you lived in that life style you choosed to be in so how would you know any better I'm not saying I'm any better I wanted to be better for my kids for the victim my players are for your family and your son these criminals will be punished by our our courts and our jail system please do not do an eye for an eye for that will just continue a viscious cylce and nobody will ever win let these villians go through it in jail
« shelly13 wrote on Friday, Dec 25 at 10:41 PM »
Well it is Christmas and we are supposed to have Good Will towards ALL men, right?

Well DeltaJim, you sure cracked me up on that one. I was trying to be a good girl all day today, but I found great enjoyment and laughter from your comments. Thanks for the chuckle. Good night and have a wonerful holiday to all. I hope and pray 2010 is a much better year for our city.
« DeltaJim wrote on Friday, Dec 25 at 08:03 PM »
YUP, thats a good one, I hope they get it in the poopy schutey... put-em in a dress, in a cell with a BIG black man named BUBBA. One that hasn't seen a woman in 20yrs. LOCK THE DOOR AND CLOSE THE CURTAINS...... Then say thru the curtains, WASSSSS HAPENINGGGG Aaaaaaa.....

LOL

I hope their PUNK vato friends are reading this, cuz they're NEXT....!

Nicceeeeee.....
« DeltaJim wrote on Friday, Dec 25 at 07:54 PM »
Also,

I listened to this all happen on my police scanner (realistic pro-2052) the night it happened. The victims family members were at the hospital and became unruly when they were told of the passing. The S/O responded to the call and calmed the situation.

What a shame.....

I hear a lot of the crime that goes on that the Tracy Press does not report on.
« DeltaJim wrote on Friday, Dec 25 at 07:45 PM »
Oh yeah, my other comment.

WHAT A BUNCH OF PUNKS..... I hope they get it in the poop shoot....

« DeltaJim wrote on Friday, Dec 25 at 07:40 PM »
Too bad the cops didn't shoot the scumbags when arresting them... DAMMMMMMMMM, NOW WE HAVE TO FEED-EM FOR AT LEAST THE NEXT 20YRS... it's just not fair. These scumbags killed a guy, now they get a FREE meal three times a day, don't gotta lift their dam finger the rest of their lives.

F-this, they need to do hard time on the ROCK PILE, awaiting their execution date. No more of this B/S appeal cr@p, ZAP THE B@STARDS.

I mean, thats what I think.. ZAP-EM.

Hey, I'd even volunteer, at "no charge, to Flip the switch...!

Oh DARN, that's right, we dont have a chair.... Well heck, I'm all for a tax to get one....!

« shelly13 wrote on Thursday, Dec 24 at 07:52 PM »
rabblerouser = right on!
« rabble-rouser wrote on Thursday, Dec 24 at 01:42 PM »
I WILL SIT IN SILENCE NO LONGER!!...... Who said anything about RACE. If you ask me, I think the racist people are these Punks pointing the finger at everyone else. These junkies accused of murder now must assume responsibility for the act of terror they committed. How about this, lets not call them Mexicans, Blacks, Whites, or Asians. This is a whole separate sort of race, these scum that follow there own rules and take the law into their own hands. So instead we shall call them TERRORIST. That’s what they are. Anyone affiliated with a gang is a TERRORIST. It doesn’t matter what color your skin is, you are just a sick maniac of society that has no right to breathe our air or walk on this beautiful land we call America. What "these people" don’t understand is that Mexicans and blacks are the predominant races of gang violence. I didn’t choose these peoples path of life. Why am I being blamed for their intolerance? And who are "these people" that I speak of..... These are the people that support these so called gangsters, "these people" who are calling everyone racist, and saying "you don’t even know them." Anybody that stands behind these three gutterballs are lunatics. You People can just sit back and prey to god that this liberal court system will free these psychopaths. But I have faith that justice will prevail, and these worthless terrorists can rot the rest of their lives out in a 6 x 9 prison cell.
« tRACy1 wrote on Thursday, Dec 24 at 01:25 AM »
NOT JUST BECAUSE SOMEONE IS RELATED TO SOMEONE IN A GANG OR TALKS TO THEM OR IS THEIR PARENT MEAN THAT THEY ARE BAD PEOPLE THE CHOICES GANGSTER MAKE DOES'NT HAVE TO DO ANYTHING WITH THEIR PARENTS, A PARENT TEACHES THEIR KIDS IN A WAY BUT EVERYONE IS DIFFERENT & THINKS WHAT THEY WANT TO THINK THEIR IS NO REASON TO BLAME THE PARENTS.. IF YOU KNOW YOUR KID IS IN A GANG WHAT CAN YOU DO BUT GIVE THEM ADVICE OR PRAY FOR THEM. WHAT ARE YOU GOING TO DO KICK THEM OUT?! THAT WILL JUST MAKE THINKS WORSE!

« 7ofusnomore wrote on Tuesday, Dec 22 at 08:00 PM »

Don't waste tax payers money just execute these mother f***ers. Going around town causing all this nonsence for they can become some kind of shot caller! Of course Uncle Francisco is going to sugar coat his nephew's behavior they all don't want to get deported.

THEY ALL DON'T WANT TO GET DEPORTED??! WHAT MAKES YOU THINK THEIR ILLEGAL HERE JUST BECAUSE THEIR MEXICANS, BECAUSE THEY ARE LATINOS YOU THINK THEIR ILLEGALS?!
« anonymous wrote on Wednesday, Dec 23 at 04:02 PM »
tracyresdnt: The whole "im going to joing a gang because my family is not there for me" is a whole bunch of BS. Truth there are members who do not have family parenting them. But my point is that if someone likes that lifestyle, no matter what type of family they have, they will be in that lifestyle. Don't judge the family, judge the individual, so why is that some people who come from broken homes, with no one disciplining them succeed in life? Because it all depends on that INDIVIDUAL PERSON! I am not defending them but also understand that the other person was also in a gang. If that's what they like then let them kill eachother. But the only thing I do not agree on is that other people end up suffering for their stupid choices. Innocent bystanders, families of the victim and the family of the one who did the crime. My point is no one is perfect but don't judge them just to judge them. Sure right now people say "if my son did kill someone he deserves to be in jail", is truth they do deserve to be in jail but it is still hurtful to the families. A lot of people dont hand out toys or help the less forunate but that does not make them bad persons. Yes they are bad because they break the law and etc, but trust me when I say there are WORSE out there that are not in gangs and pretend something else. Being in a gang is stupid period, but gangmembers are not the worse either.
« ThinkInsidetheTriangle wrote on Wednesday, Dec 23 at 03:06 PM »
Anyone defending a gang mentality or gang activity. Is supporting MURDERERS!!! And IS RETARDED.

What are gangs for? Let me ask that, are they for anything good?

And would this young man be dead right now if it wasn't for these honor less pukes?

Veronica say good bye to your cousin. He made the choice to do what he did. He and the others involved are a disgrace to humanity.
« tracyresdnt wrote on Wednesday, Dec 23 at 03:06 PM »
people join gangs because it gives them a sense of belonging, a sense of family that they would NOT be susceptible to if they got that from their real family. Let me 'splain it differently to you... If the parents actually did some parenting rather than offering up a little advice and prayer here and there, we wouldn't have 600 thugs sauntering around our town. It just astounds me how many parents blow off their responsibility and put it on the schools, communities or the government. These 3 hoods didn't just run a stop sign or steal a slice of pizza. They were in a gang. period! Unless I missed it, I haven't seen any gangs collecting toys for tots or helping out at the shelters. A kid is going to srew up now and again but permitting (yes 'permitting') your child to be in a gang is not something that a parent just has to accept. The notion that parents think that they dont have a responsibility to parent is just nauseating. And it is this lack of personal accountability that underlies much of our societal problems.

To anonymous: I'm curious what it is that would qualify for you as 'bad person'? If you're in a gang, you accept, promote, and participate in quite a few illegal and immoral activities on a mass and on-going basis. Please tell me???
« unknown08 wrote on Wednesday, Dec 23 at 02:33 PM »
THANK YOU anonymous you are right that is my point and Tracyresdnt- R U RETARTED?

« anonymous wrote on Wednesday, Dec 23 at 02:28 PM »
Tracyresdnt-"Newsflash" to you. Just because someone's son is in a gang it does not make the parents bad people. If someone wants to be in a gang or go the wrong path there is nothing the parents could do. Their minds are set to be whatever they want. You can tie your children but in the end they are going to do what they want, all a parent can do is pray for them and give them advice. Also Im not saying that the things gang members are good, all im saying is that there's two different worlds. The ganglife and the rest. Being in a gang does not mean you are a bad person, it just means you make wrong choices.
« HD8 wrote on Wednesday, Dec 23 at 02:27 PM »
Unknown08

I have trouble with this remark from your post.

“Its really sad how people can talk so much when the people being accused are Mexicans but if they are Americans’ its ok?”

Knock Knock anyone home. The Mexican race like all races living in America are AMERICANS.

I have a real problem with all this Mexican American, Black American, White American or what ever. We should be all American’s.

Now if you wish to talk about people that are here Illegally. Then you are correct, they are not American’s

« tracyresdnt wrote on Wednesday, Dec 23 at 02:13 PM »
unknown08- are you retarded? I mean, seriously, you think just because they're in a gang, they're not bad people??? **news flash** if you're in a gang, you're bad people. If your parents have not prevented it, they're bad people. If you're friends with them, you're bad people. If this doesn't make sense to you, find a field, dig a hole, and climb into it.
« unknown08 wrote on Wednesday, Dec 23 at 01:21 PM »
And i agree with what loops1986 said just because they were gangbangers doesnt mean that they were not good people and Im sure they are. I agree 100% with loops1986 you made a good point


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