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Prosecutors: Gang mother sought revenge

  • Story Highlights
  • Eva Daley is on trial for murder of Jose "Bobby" Cano, 13
  • Daley drove her son and his fellow gang members to a deadly confrontation
  • Co-defendant Herbierto Garcia, 17, stabbed Cano, prosecutors say
  • Daley's son and four others, ages 13 to 17, pleaded guilty to manslaughter
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LONG BEACH, California (AP) -- A mother was seeking revenge for disrespect when she drove her son and his fellow gang members to a deadly confrontation with a rival gang, prosecutors said Wednesday at her murder trial.

Eva Daley's attorney said Daley never knew any of the teens she was driving were carrying a weapon.

Eva Daley's attorney said Daley never knew any of the teens she was driving were carrying a weapon.

Her defense attorney claimed she was a mother trying to get by and got caught up in events.

In opening statements, prosecutors said Eva Daley gave her son and six of his friends a ride to the scene where Jose "Bobby" Cano, 13, was stabbed to death near a skate park on June 25, 2007, in a gritty area in this port city.

Daley, 31, and co-defendant Herbierto Garcia, 17, have pleaded not guilty to first-degree murder; they face 25 years to life in prison if convicted. Six other defendants, including Daley's son, are juveniles.

Deputy District Attorney John Lonergan told jurors Eva Daley had sought retribution.

Earlier that night, members of the LTs, or Latino Thugs, had argued outside the Daley home with her then-14-year-old son, allegedly a member of the LMS, or Los Marijuana Smokers.

"Words were exchanged by the LTs. ... There was some disrespect," Lonergan said, noting that as the situation escalated, Latino Thug members threw road flares at the house.

Later on, Daley picked up several of her son's friends in her sport-utility vehicle and drove to the area near the skate park, where her passengers jumped from the SUV and chased down their rivals.

Cano slipped and fell, and the group beat him as Garcia, who had also ridden in the SUV, stabbed him, Lonergan said.

Daley's attorney Javier Ramirez said she never knew any of the teens she was driving were carrying a weapon and suggested she may have been caught up by circumstance.

"She's a mother of three trying to get by in everyday life but got caught up because one of her kids had kind of gone bad," Ramirez said.

Garcia's attorney Jack Fuller did not give a detailed outline of his defense during opening arguments but said he would challenge the prosecution's assertions one by one.

Resident Carlos Lopez testified he saw young men jump into a car driven by a woman yelling, "Let's go, let's go, come on." He said he heard one teen say, "We slashed him good," as he ran by.

Daley's son and four other youths, ages 13 to 17, pleaded guilty to manslaughter and were sentenced to juvenile terms, Lonergan said. The sixth youth has not entered a plea.

Copyright 2008 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.

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