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Mistrial declared in 2006 Immokalee drive-by murder
Roberto Carlos Argueta
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NAPLES — A Collier Circuit judge declared a mistrial Wednesday night after jurors were unable to agree whether a 21-year-old Immokalee man was guilty of murder involving the death of a mother of four killed in a drive-by shooting.
Judge Frank Baker let jurors go at 9:45 p.m. after they told him they were deadlocked in the case of Roberto Carlos Argueta of Tara Park, No. 3., who is charged with second-degree murder, aggravated battery and shooting into a dwelling. Argueta, who faces life in a state prison, rejected a plea bargain for 20 years on Tuesday.
Argueta is charged in the May 30, 2006, slaying of 30-year-old Melinda “Melly” Gonzales, who was gunned down outside her Immokalee trailer at 1304 Peach St. as she sat outside with family and friends that night. She left behind her husband and children, then ages 12, 6, 3 and 1.
Jurors in the one-day trial were hung since 8:35 p.m., when they sent Baker a note: “We cannot come to a unanimous decision. This is our final decision.”
The judge then brought the four-man, two-woman jury back in and gave them an Allen charge, asking them to return to the jury room so each could tell each other the weaknesses preventing them from agreeing and not to interrupt each other until each had spoken. He said they should then make a decision and if there was no agreement, he’d declare a mistrial.
Jurors did not return calls asking about the vote breakdown.
The slaying was prompted by a dispute on the same day between Hector Ramirez and his friends, including the Guerrera family, and the Mancha family. Gonzales died of a shot to her head, while Ramirez, the target, was shot in the ankle and was the state’s star witness. The original star witness, Henry Mancha, the driver of the car, had provided a statement to Collier County Sheriff’s deputies naming Argueta as the shooter, but disappeared after he was released from jail.
Although it wasn’t a part of the trial, past hearings show Argueta and the Manchas are part of the SUR 13 gang.
Argueta is to return to court Sept. 12. Ruth Rodriguez, Gonzales’ aunt said Collier sheriff’s investigators worked hard to locate Mancha, who is charged with felony murder. She said other eyewitnesses saw Argueta and she hoped they would testify.
“I hope that they’re not going to let him go,” Rodriguez said of Argueta, who remains jailed pending a retrial and because he’s an illegal alien. “That’s all I care about.”
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This reads like a script in a criminology tv story. He said, she said, he did, she did, they're probably all criminally involved in some way shape or form.
#1 Posted by TiredoftheBS on August 27, 2008 at 11:06 p.m. (Suggest removal)
It's a shame that the family had to work so hard to get it to court, forcing State Attorney Office to do its job.
#2 Posted by Bramble on August 28, 2008 at 5:20 a.m. (Suggest removal)
Wow, another fine upstanding Hispanic makes the news.
Don't worry the elections will be over soon, and the politicians won't have to court the Hispanic vote for another 4 years...
Maybe then ICE will step in and start cleaning up the mess!
#3 Posted by streetrodder on August 28, 2008 at 6:47 a.m. (Suggest removal)
He'll be back.
To bad it will be at the expense of some other life.
#4 Posted by TiredoftheBS on August 28, 2008 at 11:01 a.m. (Suggest removal)
We Have always been on these two continenents since way before europeans claimed to have "discovered" them so why all of the hate? The story above deals with the tragedy of a life taken, my condolences to the family, to everyone else commenting racially on this , shame on you.
#5 Posted by AztecWarriorUSMC on August 28, 2008 at 12:12 p.m. (Suggest removal)
There's been too much controversy with this case.
It sounds as if the so-called victem was also part of this gang.
What's needed now is Closure.
I think it's time now to help this young man, Roberto Carlos Argueta, get back his life and reputation; so he can become a productive element in our town.
#6 Posted by R_Popoff on August 28, 2008 at 2:55 p.m. (Suggest removal)
#9 Posted by Ryu
It is interesting that you mention Judge Dread Ryu.
From the time a person commits a crime through when they are charged and executed could take decades. Interesting premise of a judge,jury and executioner all in one.
Would save the country billions, with a capital B.
But goverment and people alike would be afraid of the power one man or group would possess.
#7 Posted by Jadip811 on August 28, 2008 at 5:12 p.m. (Suggest removal)
personally i'd put all the blame on HECTOR RAMIREZ if i was that family he'd be in jail also he should have known better than to run to someone elses house with all his DRAMA...& believe me i am from immokalee & there is more to this story so someone need to fill in the gaps...ROBERTO was at the wrong place @ the wrong time...FREE ROBERTO ARGUETA HE IS INNOCENT PUT HECTOR RAMIREZ BEHIND BARS..
#8 Posted by grcene on August 28, 2008 at 6:18 p.m. (Suggest removal)
Wow, who would actually ADMIT to being "from Immokalee"?
That's like admitting you're from Tijuana.......same dump, different place.
#9 Posted by okay on August 28, 2008 at 6:24 p.m. (Suggest removal)
For anyone's harsh inputs in this case. Melly was a loving mother of 4 beautiful children. In no way was my cousin involved in this so called gang related drive-by. We are family, not a gang! Roberto Carlos Argueta's intentions were to shoot whoever was in the way. Their were over 5 kids playing outside and he saw that, but it didn't stop him. He's a murderer and he deserves to be behind bars for the rest of his life. My innocent cousin was taken from our family and we need closure!!! A mis-trial doesn't mean not guilty it simply gives more time to gather additional evidence to place Argueta were he deserves to be.
#10 Posted by emtz on August 28, 2008 at 6:26 p.m. (Suggest removal)
WELL WHERE EVER YOU ARE FROM DOESN'T MAKE A DIFFERENT BECAUSE HISPANICS RULE IDIOT NAPLES & FT MYERS HAHA DON'T HATE LAZY ASS GRINGOS WE HISPANICS TAKE ALL YAS MONEY BECAUSE U GUYS ARE TOO LAZY TO WORK OR ARE CRACKHEADS
#11 Posted by grcene on August 28, 2008 at 6:27 p.m. (Suggest removal)
grcene... If you know so much about this case then why aren't you up on the stand?
yes there is more to this story which was all stated during trial! Due to mistrail gaps will be filled and they should be started with Henry Mancha who was the driver! Roberto Argueta WAS NOT at the wrong place at the wrong time... he and the rest of the people in the vehicle knew where they were going and knew what they were going to do!!! He is GUILTY and anyone with a right mind would agree!!!
#12 Posted by Justice4dafam on August 28, 2008 at 6:47 p.m. (Suggest removal)
Yes I 2 know Roberto...
HE'S A MURDERER and deserves 2 rot n prison!
#13 Posted by Justice4dafam on August 28, 2008 at 6:56 p.m. (Suggest removal)
I know Robert personally & i know he needs to be released so that he can go on with his life.
Looks like it to me that they still CAN NOT BUILD A STRONG CASE.
who cares where he is from God does not see race or color etc..etc...
#14 Posted by grcene on August 28, 2008 at 7:07 p.m. (Suggest removal)
Roberto go on with his life? Why should he have the opportunity to even have a life? HE TOOK A LIFE!!! One thing you are right about is GOD doesn't see race or color, but this murder has nothing to do with that and GOD is waiting in HEAVEN to send Argueta straight to Hell!!!
#15 Posted by emtz on August 28, 2008 at 7:38 p.m. (Suggest removal)
He deserves to remain in prison for life!!!!
#16 Posted by emtz on August 28, 2008 at 7:49 p.m. (Suggest removal)
grcene...
explain y he should b released so that he can go on with his life.... u stated b 4 dat u're from Immokalee & u know there is more to this story, in that case then u know he was involved! Y release him for another chance @ life when he took a life?... Melinda will never get another chance @ life y should he?
#17 Posted by Justice4dafam on August 28, 2008 at 7:51 p.m. (Suggest removal)
Bramble:
What is unfortunate is that the family could put so much pressure on the State's Attorney's Office that it would force that office to try an unwinnable case.
I have been in a similar situation once in Collier County since I have lived here. I don't practice criminal law, but I have in the past, and I took on a case, pro bono, mainly because I was so outraged at the conduct of Bealls (and the SAO) in prosecuting an indigent women for shoplifting. Despite that the entire "crime" was videotaped and showed nothing, the Bealls' representatives (victim) insisted that my client should suffer some undeserved draconian punishment based upon her alleged "conduct" recorded by the tape. Under the currently adopted "policy" of the SAO, the prosecutor assigned was "required" to adhere to the wishes of the "victim". Alas, the concept or prosecutorial discretion had been abandoned, and my client was forced to go to trial in an "unwinnable" case. Needless to say, I had the prosecutor put on the videotape in his case in chief, and I rested my case without presenting any evidence or calling any witnesses. My client was acquitted by the Judge in less than 30 seconds after resting my case.
The point is that Prosecutorial Discretion is an incredible power afforded to the State which should reside solely with the prosecutor, not with whatever "victim" walks through the door of their office. The power of the government to take away your rights is an extremely broad power that is taken for granted and one that you clearly don't understand. So think about that the next time a cop pulls you over and "tells" you how "fast" you were going.
And in case anyone wants to claim that I am just another "ambulance chaser" or "lovely human being defense lawyer" whose goal in life is to "game the system" for my own benefit, that trial was the first (and last) criminal trial I ever did in Florida, and the last, other than a helping a former friend on a violation of probation. I did it at my own cost, and paid everything out of my own pocket. There is never a "cost" for justice, but someone has to pay for it.
#18 Posted by glennballenger on August 28, 2008 at 9:07 p.m. (Suggest removal)
Too many typos in my last post. Sorry about that! I suppose the adrenaline got the best of me!
glenn
#19 Posted by glennballenger on August 28, 2008 at 9:15 p.m. (Suggest removal)
Roberto KILLED and he should spend the rest of his life behind bars. That will give him time to think about what he did.
#20 Posted by parent3 on August 28, 2008 at 9:55 p.m. (Suggest removal)
The only thing that GOD sees is ROBERTO THE KILLER!! Keep him in Jail and throw away the key!!
#21 Posted by parent3 on August 28, 2008 at 9:57 p.m. (Suggest removal)
glennballenger
What's unfortunate is that because of people like you their are millions of Argueta's walking the streets right now. I highly doubt that you didn't take any money for the cases you represented, criminal lawyers are in it for the money and they hardly know the meaning to pro bono. FYI. Yes, my family did push for a new trial and it did have credible witnesses but these days you need to be a serial killer to finally get put away. If he is found not guilty he will kill again!!!!
#22 Posted by emtz on August 29, 2008 at 7:06 p.m. (Suggest removal)
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