LOS ANGELES – The California Supreme Court refused Wednesday to review the case of two brothers convicted of a September 2013 car-to-car shooting in Palmdale that fatally wounded a 7-year-old girl.
Jesus and Carlos Peralta were convicted of first-degree murder for the death of Desirae Macias, who was taken off life support four days after the Sept. 4, 2013, shooting.
The two also were found guilty of three counts of attempted murder and one count of shooting at an occupied motor vehicle.
In a March 13 ruling, a three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention that there was insufficient evidence to support the jury’s finding that the girl’s murder and the attempted murders of three other people in the car with her were willful, deliberate and premeditated.
Jesus Peralta approached the boyfriend of the girl’s mother and asked him where he was from while they were at the gas station, and Carlos Peralta then raised his shirt to reveal a gun tucked in his waistband, according to testimony presented during the trial.
The man backed away from the two brothers and then pepper-sprayed them as they neared the vehicle, then called 911 as the vehicle was being chased and fired upon. He didn’t discover that his girlfriend’s daughter had been shot in the head until he arrived home.
The appellate court justices noted that the defendants knew there were other people in the vehicle and chose to pursue the car into a residential neighborhood after a confrontation with one of the car’s passengers at a Palmdale gas station shortly after midnight.
Jesus Peralta fired a series of shots while his brother continued to follow the vehicle, and then fired a second series of shots, the appeals court panel noted in its 46-page ruling.
“All of this evidence supports the jury’s finding that defendants reflected before and during the undertaking of their crimes,” the appellate court justices wrote, noting that the two knew that their target victim was not the only person in the vehicle.
A Los Angeles County sheriff’s deputy later stopped a vehicle matching one that was involved in the shooting, and the two brothers were arrested.
Jesus Peralta was sentenced in July 2015 to 125 years to life in state prison and Carlos Peralta was ordered to serve 46 years to life behind bars.
Previous related stories:
Convictions upheld for Palmdale shooting that left girl dead
Brothers sentenced for 7-year-old girl’s shooting death
Trial opens for brothers charged in shooting death of 7-year-old girl
Brothers plead not guilty in shooting death of 7-year-old girl
Arraignment postponed for brothers charged with murdering 7-year-old
Girl killed in car-to-car shooting in Palmdale
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Blizard W. says
To the Family of Desirae Macias may you find comfort in the words of our Almighty Heavenly Father of tender mercies in Isaiah 35: 4 Say to those who are anxious at heart: “Be strong. Do not be afraid. Look! Your own God will come with vengeance, God will come with retribution. He will come and save you.”
https://www.jw.org/en/publications/books/?contentLanguageFilter=en&pubFilter=we&sortBy=1
callingitasitis says
@ Be equal says
Even prison Gangs have a set of rules (very strange concept) because they are notorious law breakers by their very nature . It may sounds strange but they are thinking about money, control & power (Respect). It is a foreign concept to normal society but not to them. FYI
To educate a man in mind and not in morals is to educate a menace to society.
Theodore Roosevelt
Bye bye says
First of all rest in peace to the little angel but something doesn’t seem right about this story I do not believe the mother’s boyfriend is telling the truth if they Flash the gun at him why would he pepper spray one of them knowing they had a firearm why you just didn’t walk away and call the cops because in my opinion the boyfriend started the altercation and is probably a gang member himself that they just don’t want to let be out in the news
callingitasitis says
Adios Basura. Even the EME will NOT take these POS into their ranks. Green light special=). Good call on the Court
At his best, man is the noblest of all animals; separated from law and justice he is the worst.
Aristotle
Be equal says
Typical Mexican thinking the Mexican Mafia is the answer to everything they’re going to live a long and healthy life in prison they did not get the death penalty they are prisons they put people in like this who don’t get hurt
Me says
No they won’t GREEN LIGHT SPECIAL…there are rules and they broke a golden rule. Even in P.C. We’re they will end up they will get what they got coming.
Rego says
Hey this isn’t new news they’ve been locked up for 4 years already the initial murder was in 2013. This was a BS call for appeal on a first deg. Murder conv.
Rego says
Hey Dez take a look at the picture of that little girl.
Do you think her mother might be just a little mad
at that scum?
Bad Hombres as Donny refers to them
Rego says
No but I’ll take you, be the best you ever had
Walmart 1660 says
Poor little Angel sad for these kids to get killed by idiots that need to die for what they did
Not-so-much says
May they both rot in hell.