Homicide case rescheduled
by Denise Ellen Rizzo
Jan 11, 2013 | 5265 views | 0 0 comments | 10 10 recommendations | email to a friend | print
STOCKTON – A Tracy man accused playing a role in the fatal shooting of a 26-year-old Lathrop man in Aug. 2011 had his arraignment continued for two weeks during a hearing in San Joaquin County Superior Court on Friday, Jan.11.

David Splan, 42, of Tracy, and Brandon Gann, 31, of Stockton, are charged with premeditated murder, attempted murder, being armed with a firearm during a felony, use of a firearm in commission of a felony, intentional and personal discharge of a firearm and street terrorism with enhancements.

Daniel Martinez was pronounced dead on the night of Aug. 15, 2011 on the 17000 block of Ideal Parkway in rural Manteca where he was found shot one time. An unidentified 30-year-old man who was with Martinez was also found with one gunshot wound.

The man underwent surgery at a local hospital and survived his injuries.

After a grand jury indictment, the defendants were arrested by San Joaquin County sheriff deputies on Jan. 2, 2012.

Gann was found on Austin Road near southbound Highway 99 at 2 p.m. while police located Splan at his Tracy home at 6:50 p.m., according to sheriff’s officials.

During the Friday hearing, Judge Franklin Stephenson asked Splan if he had attained an attorney, and Splan said he did, but he didn’t know where he was.

At the request of Gann’s public defender, Stephenson agreed to delay the arraignment until 8:30 a.m. on Jan. 24, and he told Splan to make sure his attorney was at that hearing.

Investigators have not revealed the roles that each defendant allegedly played in the shooting.

Witnesses to the shooting said both victims were outside of a business near two motorcycles when a vehicle similar to a white SUV rammed into the victims’ parked motorcycles, according to a press release from the sheriff’s office.

Two men inside the SUV were seen getting out of the utility vehicle, approaching the two victims and beating them.

During the fight, investigators said the passenger of the SUV allegedly took out a handgun from the back of the vehicle. Witnesses allegedly saw him shooting at the two victims before getting back into the SUV with the driver and speeding away.

The defendants, who are reported members of the Hells Angels Motorcycle Club, each remain in custody on $5 million bail in San Joaquin County Jail in French Camp.

• Contact Denise Ellen Rizzo at 830-4225 or drizzo@tracypress.com.
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