Death Penalty Recommended For Gang Member Convicted In 49th Street Massacre

LOS ANGELES (CBSLA.com) — Jurors recommended execution Monday for a gang member found guilty of killing a total of four people on two separate occasions in 2006.

Authorities said Charles Ray Smith, 44, and Ryan Moore, who had already been sentenced to death, were armed with AK-47s when they opened fire on 49th Street in south Los Angeles street nine years ago.

KNX 1070’s Claudia Peschuitta reports that the attack, which came to be known as the “49th Street Massacre”, killed 10-year-old David Marcial, his 22-year-old uncle Larry Marcial, and Luis Cervantes, a 17-year-old neighbor.

Death Penalty Recommended For Convicted Killer In 49th St. Massacre

David Marcial’s 12-year-old brother, Sergio Jr., suffered nerve damage to his leg from the shooting. The two boys were riding their bicycles at the time of the attack.

Prosecutors said the men were out to avenge the deaths of fellow gang members, though the victims had no gang ties.

“We’re happy that we have this verdict,” said Maribel Marcial, whose brother Larry was killed in the shooting. “We’ve been through a lot.”

Smith and co-defendant Moore reportedly fired a total of 36 shots in the attack.

He was also convicted of killing Bani Hinojosa, a 27-year-old father, also with no gang ties, by shooting him in the back while sitting in his car.

Smith showed little visible emotion as the verdict was read. He is scheduled to be sentenced in September.

A call for comment from one of Smith’s attorneys was not returned.

(©2013 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

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