Convicted Fresno killer in case of mistaken identity gets 75 years to life in prison

FRESNO, Calif. (KFSN) -- A convicted Fresno slayer learned his condemnation Thursday, putting an extremity to a five-year ineligible conflict but not the symptom for his victim's family.

"Frank was taken from us," Kimberly Rodriguez, the victim's cousin, said. "He was a large son. A large begetter to his son."

Frank Rojas was 24 erstwhile helium died extracurricular his Southwest Fresno location successful February 2020. He was with friends celebrating the 49ers travel to the Super Bowl erstwhile prosecutors accidental Daniel Gonzalez approached him.

"The suspect approaches their location and instantly acts successful a convulsive mode successful that helium utilized his manus to unreal to sprout his house," authoritative Liz Owen said.

It escalated into a deadly shooting.

Prosecutors accidental Gonzalez was a known pack subordinate and thought Rojas' 49ers emblem was that of a rival gang. But Gonzalez's lawyer says it is nary lawsuit of mistaken individuality and claims Rojas provoked his killer.

The justice fired back.

"There was nary provocation," Judge Arlan Harrell III said. "You rode up connected a bicycle. You made weapon gestures toward the home, flagged radical to travel out, and past changeable him."

The admonishment came aft a assemblage convicted Gonzalez of execution and having a firearm. At trial, jurors heard from respective witnesses and saw cardinal pieces of evidence, including a zip gun.

RELATED: Witnesses instrumentality the basal successful time 2 of proceedings for Daniel Gonzalez

"It's a homemade gun," Owen said. "It was made retired of random parts anybody tin find anywhere."

Gonzalez remained quiescent arsenic some sides made their last arguments. By his attorney's admission, Gonzalez has not shown immoderate remorse.

The justice yet sentenced him to 75 years to beingness successful prison.

"I can't forgive him for what helium did," Rodriguez said. "He took idiosyncratic precise important from us, and I anticipation helium asks for forgiveness from God due to the fact that I can't bash that."

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