Ernesto Gonzalez waived his right to be sentenced by the jury that convicted him on seven counts, including first degree murder, in the shooting death of Jethro Pettigrew. Pettigrew was a the President of the San Jose chapter of the Hells Angels. He was killed when a fight broke out between the Hells Angels and Vagos two years ago during Street Vibrations inside John Ascuaga's Nugget. Gonzalez, who is a member of the Vagos motorcycle gang, will be sentenced by Judge Connie Steinheimer on October 3rd.
Gonzalez's lawyer, David Houston, said he plans to immediately file for a new trial. Houston said, "It was obvious the jury was confused because, for example, they convicted someone of murder essentially three times even though there is only one decedent."
Houston also said he believed the the motorcycle gang, not his client, was on trial, "I think the Vagos were on trial. I do think that was the message sent but I'm not really sure that was the best place to send that message."
The lead prosecutor, Karl Hall, could not be reached for comment. The trial lasted two-and-a-half weeks.