[UPDATED] Armando Macias Faces Death Penalty for Bizarre Family Murder Plot

David Montemayor

UPDATE, MARCH 28, 9:34 A.M.: The Orange County district attorney's office (OCDA) today goes for a third death-penalty conviction and sixth and final conviction overall in the 2002 murder of a Buena Park man that was set in motion by his sister, who was jealous he was being handed the reins to the family trucking business.

Armando Macias, 35, of Lancaster, allegedly “executed” 44-year-old David Montemayor, who was fleeing after briefly breaking free from captors in the bizarre family-murder plot that unraveled after his killers were captured following a televised police chase.
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Perna

Deborah Ann Perna, 54, of Anaheim, was not only jealous her father was handing control of the company over to Montemayor, but she also believed her brother was stealing from the business. She asked a co-worker, Edelmira Corona, 34, of Pico Rivera, to help her arrange Montemayor's slaying.

Corona solicited the help of gang member Anthony Navarro, 44, of Canyon
County, who recruited three members of a San Fernando Valley gang to
kidnap and murder Montemayor:
Gerardo Lopez, 26, of Pacoima; Alberto Martinez, 33, of Castaic; and, it is alleged, Macias.

The three kidnappers snatched Montemayor at the family's Rancho Dominguez business on Oct. 2, 2002, and drove him toward the married father of three's Buena Park home, where they had been told Montemayor kept
thousands of dollars in cash.

But, with Martinez behind the wheel, Montemayor managed to break out of the car about a mile from his home. That's when Lopez and, it is alleged, Macias fired rounds at the kidnapping victim. According to prosecutors, Macias “executed” Montemayor “by shooting him in the head” as he “fled for his life.”

Photos courtesy of OCDA
Alberto Martinez has already been sentenced to death.

The three baddies drove off and were pursued by law enforcement in what became a televised police chase during rush hour. Police eventually
stopped the vehicle and arrested Macias, Lopez and Martinez.

Navarro was convicted on Oct. 18, 2007, and
sentenced to receive the death penalty on July 11, 2008.
Martinez was convicted on May 6, 2010, and sentenced to receive the death penalty Aug. 6, 2010.

Lopez was convicted on Dec. 14, 2005, and sentenced on June 2, 2006, to life in state
prison without the possibility of parole. Perna was
convicted of the same on Oct. 28, 2005, and sentenced to the same on Feb. 16, 2006.

Corona pleaded guilty to manslaughter on March 24, 2004. She faces a
maximum of 22 years in prison at her April 28 sentencing in Fullerton.

Opening
statements are starting about now in Macias' trial in Santa Ana.
The OCDA statement that includes the laundry list of charges against him follows on the next page . . .

March 28, 2011
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GANG MEMBER FACES DEATH PENALTY JURY TRIAL FOR MURDERING FAMILY BUSINESSMAN IN MURDER-FOR-HIRE CONSPIRACY

*Two co-defendants have previously been sentenced to the death penalty in this case


SANTA ANA – A gang member faces trial today for the special
circumstances murder of a family businessman after being recruited in a
murder-for-hire conspiracy. Armando Macias, 35, Lancaster, is charged
with one felony count of special circumstances murder with an allegation
for murder for financial gain. He is also charged with possession of a
firearm by a felon, being a gang member carrying a loaded firearm in
public, kidnapping to commit robbery, attempted murder, two counts of
conspiracy to commit a crime, street terrorism with allegations for
murder during the commission of another felony and murder committed for a
criminal street gang purpose. He faces sentencing enhancement
allegations for the personal discharge of a firearm causing death and
the personal use of a deadly weapon.


The District Attorney is seeking the death penalty in this case. Opening
statements are expected to begin today, March 28, 2011, at 9:30 a.m. in
Department C-45, Central Justice Center, Santa Ana.


The Murder


In 2002, Deborah Perna, 54, Anaheim, became jealous after learning that
her father intended to pass control of their family company to her
44-year-old brother, David Montemayor. Perna also believed that her
brother was stealing from the business, where she worked as the office
manager, and wanted to get rid of him.


Perna asked her co-worker, Edelmira Corona, 34, Pico Rivera, to help her
arrange the murder by asking Corona's friend to kill Montemayor. Corona
and Perna solicited the help of gang member Anthony Navarro, 44, Canyon
County, who recruited three members of a San Fernando Valley gang to
kidnap and murder Montemayor in the murder-for-hire plot.


On Oct. 2, 2002, gang member Macias is accused of kidnapping the victim
at his family-run business in Rancho Dominguez with co-defendants
Gerardo Lopez, 26, Pacoima, and Alberto Martinez, 33, Castaic. The three
defendants drove Montemayor, a married father of three, towards the
victim's Buena Park home, where they had been told the victim kept
thousands of dollars in cash. Martinez was the driver.


Approximately one mile from the residence, the victim was able to escape
from the car and run away from his attackers. As the victim ran for his
life, Macias is accused of firing his weapon at the fleeing victim,
executing him by shooting him in the head. Lopez also fired at the
victim.


Martinez drove the three defendants as they fled the scene and became
involved in a televised police chase during rush hour. Police eventually
stopped the vehicle and arrested Macias, Lopez, and Martinez.


Co-defendants


Martinez was convicted May 6, 2010, of one felony count each of special
circumstances murder, conspiracy to commit the crime of murder,
possession of a firearm by a felon, kidnapping to commit robbery, and
street terrorism. The special circumstances sentencing enhancements for
murder for financial gain, murder during the commission of robbery,
murder during the commission of kidnapping, and murder committed for the
benefit of a criminal street gang were found true. The jury also found
true the sentencing enhancements for the vicarious discharge of a
firearm causing death as a gang member and criminal street gang
activity.  He was sentenced to receive the death penalty Aug. 6, 2010.


Navarro was convicted Oct. 18, 2007, of one felony count of murder with
allegations for committing murder during the commission of another
felony and murder committed to benefit a criminal street gang. He was
also convicted of one felony count of conspiracy to commit a crime and
one felony count of street terrorism. The sentencing enhancement for
murder committed by gang members with a firearm was found true. He was
sentenced to receive the death penalty July 11, 2008.


Perna was convicted Oct. 28, 2005, of murder with the special
circumstances of committing the murder in the course of attempted
robbery and kidnapping and was sentenced Feb. 16, 2006, to life in state
prison without the possibility of parole.


Lopez was convicted Dec. 14, 2005, of murder with the special
circumstances of committing the murder in the course of attempted
robbery and kidnapping. He was sentenced June 2, 2006, to life in state
prison without the possibility of parole.


Corona pleaded guilty to manslaughter on March 24, 2004. She faces a
maximum of 22 years in prison and is scheduled to be sentenced April 28,
2011, at 8:30 a.m. in Department N-3, North Justice Center, Fullerton.


Senior Deputy District Attorney

Mike Murray of the Homicide Unit is prosecuting the case against Macias.


ORIGINAL POST, AUG. 6, 2010, 3:52 A.M.: 53-year-old Deborah Perna, who was the office manager at her family's trucking business, was jealous that her father intended to pass control to her brother, whom she was convinced was stealing from the company. So, the Anaheim resident arranged to have her brother whacked.

Today, a second gang member hired for the hit was sentenced to death for murdering 44-year-old David Montemayor of Buena Park.

And you thought your family was dysfunctional!



You'll need a scorecard to follow this one, folks.

Perna asked co-worker Edelmira Corona, 33, of Pico Rivera, to help her arrange the murder of Montemayor.

Corona was to get her friend Anthony Navarro, 43, of Canyon Country, to pull the crime.

Navarro, who belongs to a San Fernando Valley gang, recruited fellow gang bangers for the job: Gerardo Lopez, 25, of Pacoima; Armando Macias, 34,
of Lancaster; and Alberto Martinez, 32,
of Castaic.

On Oct. 2, 2002, Lopez, Macias and Martinez kidnapped Montemayor at the trucking company in Rancho Dominguez.

Led to believe the married father of three children kept thousands of dollars of cash in his Buena Park home, the kidnappers drove him there.

However, about a mile from his home, Montemayor managed to break free, bolt from the car and run away.

With Martinez behind the wheel of the car, Macias and Lopez fired their guns at Montemayor, who took one of Macias' bullets to his head and died.

The trio sped off, but they became the subject of a televised police chase and were eventually stopped and arrested.

The murder-for-hire plot was then unraveled for investigators.

Today, Martinez was sentenced to die.

He'd been convicted by a jury in Santa Ana May 6 of one felony count each of special
circumstances murder, conspiracy to commit the crime of murder,
possession of a firearm by a felon, kidnapping to commit robbery and
street terrorism. The special circumstances sentencing enhancements for
murder for financial gain, murder during the commission of robbery,
murder during the commission of kidnapping, and murder committed for the
benefit of a criminal street gang were found true. The jury also found
true the sentencing enhancements for the vicarious discharge of a
firearm causing death as a gang member and criminal street gang
activity.

At today's sentencing hearing, Montemayor's surviving wife and children testified.

The wife said she had been a stay-at-home mom for the kids–who were 7, 9 and 11 at the time of the murder–and that her husband was the bread-winner. She said she became the head of the household from the moment detectives knocked on her door to deliver the news of her husband's death. He had worked hard and looked forward to enjoying their golden years
together. Now she feels duty-bound to be there for him at all the court hearings tied to the case.

Her children recalled being told of their father's death by
their mom and a priest. The youngest child did not know what that meant. The middle child
talked of the difficulty of growing up without a father and
the pain felt when friends talked about their dads. The
oldest said her memory of her father is the cemetery where he is buried.

Aunt Debbie was convicted of murder with the special
circumstances of committing the murder in the course of attempted
robbery and kidnapping and was sentenced in 2006 to life in prison without the possibility of parole.

Corona pleaded guilty to manslaughter in 2004 and faces a maximum sentence of 22 years in prison at an Oct. 14 hearing in Fullerton.

Navarro got death in 2008 after being convicted of one felony
count of murder with allegations for committing murder during the
commission of another felony and murder committed to benefit a criminal
street gang. He was also convicted of one felony count of conspiracy to
commit a crime and one felony count of street terrorism. The sentencing
enhancement for murder committed by gang members with a firearm was
found true.

Lopez was sentenced to life without the possibility of parole in 2006 after being convicted
of murder with the special circumstances of committing
the murder in the course of attempted robbery and kidnapping.

Macias is charged with one felony count of special
circumstances murder with an allegation for murder for financial gain.
He is also charged with possession of a firearm by a felon, being a gang
member carrying a loaded firearm in public, kidnapping to commit
robbery, attempted murder, two counts of conspiracy to commit a crime,
street terrorism with allegations for murder during the commission of
another felony and murder committed for a criminal street gang purpose. He faces sentencing enhancement allegations for the personal
discharge of a firearm causing death and the personal use of a deadly
weapon. And he has a prior strike for a 1994 manslaughter conviction.

Prosecutors are seeking the death penalty for Macias, who has a pre-trial hearing scheduled for Sept. 17 in Santa Ana.

This post began by noting how dysfunctional Perna's family was. They've got company when it comes to Martinez, whose defense team argued at sentencing that his parents were both child molesters.

According to the Orange County district attorney's office, there is no evidence his parents were molesters.

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