Witnesses told SPPD investigators that the suspects asked the victim where he was from, all too often a precursor of violence when asked by gang members.The case was solid but then the witnesses backed out, the victims of intimidation that led them to fear for their own safety.Aguilar ultimately was released.Rochelle, who is not a gang member, was shot when he refused Aguilar’s demand that he fight: during the trial, jurors heard from several witnesses about intimidation Aguilar’s gang used to stop prosecution of its members.One man who testified, Rochelle’s former neighbor, is now in a witness-protection program.Aguilar was sentenced for assault with a deadly weapon with force likely to cause great bodily harm, committing the crime for the benefit of a criminal street gang and premeditated attempted murder - related to the Rochelle shooting.
Aguilar sentenced: 25 years to life for gang member in shooting
May 15, 2009
Santa Paula News
A Santa Paula gang member on trial for the shooting of an area man late last year and the prime suspect in an unrelated attack that left the victim physically impaired Thursday was sentenced to 25 years to life in prison on Thursday.
By Peggy KellySanta Paula TimesA Santa Paula gang member on trial for the shooting of an area man late last year and the prime suspect in an unrelated attack that left the victim physically impaired Thursday was sentenced to 25 years to life in prison on Thursday.David Benavides Aguilar, 20, received his sentence in a Ventura County Superior Court, for shooting John Rochelle on December 21. Aguilar shot Rochelle, then 20, outside his cul-de-sac home.It was not the first time Aguilar had been arrested by Santa Paula Police: the documented Santa Paula gang member, had been taken into custody but later was released for the unprovoked 2006 shooting into an occupied vehicle that severely injured a passenger and barely missed a 1-year-child.Aguilar was arrested March 20, 2008 for the unprovoked October 27, 2006 shooting that left the victim mostly confined to a wheelchair.The then-17 year old victim, who had recently moved to Oxnard from Santa Paula, was riding in a vehicle containing several other family members at the time of the shooting that occurred on Palm Avenue.

