SAN FRANCISCO (CBS SF) - The brother-in-law of Edwin Ramos, an alleged MS-13 gang member accused of murder in a drive-by shooting that killed a father and his two sons in San Francisco in 2008, said such shootings are forbidden by the MS-13 gang.
Abraham Martinez, 22, completed his testimony Tuesday morning in the trial of Ramos, 25, who is charged with fatally shooting 48-year-old Anthony Bologna and his sons Michael, 20, and Matthew, 16, in the city's Excelsior District on June 22, 2008.
Prosecutors allege that Ramos, an El Sobrante resident, fired at the Bolognas from his Chrysler 300 near the intersection of Congdon and Maynard streets that afternoon and then sped off.
Defense attorney Marla Zamora said in her opening statement that Ramos was driving the car but that another gang member, Wilfredo "Flaco" Reyes, was the shooter. Reyes remains at large.
Martinez, whose sister is married to Ramos although the couple is now separated, testified Tuesday morning that drive-by shootings were forbidden as a "general rule" for all MS-13 cliques so as to not risk injuring innocent bystanders.
Martinez had testified earlier that Ramos was initially part of the 20th Street clique of the MS-13 gang, but told Martinez he "jumped in" to another clique, the Pasadena Locos Surenos, because the 20th Street clique was not violent enough.
Zamora has admitted her client was once a MS-13 gang member but said he left the gang in 2006.
Martinez said Tuesday morning that in the days and weeks leading up to the Bolognas' shooting, Ramos spent most of his time working at an auto repair shop in South San Francisco and with his family, which included Martinez's sister and the couple's young daughter.
Martinez testified that when he was arrested in a separate stabbing case two weeks after the Bologna murders and was questioned by police about the shooting, he told investigators he did not think Ramos was the shooter.
Martinez wrapped up his testimony Tuesday morning after prosecutors granted him immunity and dismissed charges against him in connection with that stabbing, which occurred in the Mission District on June 19, 2008 -- three days before the Bologna killings.
The charges were dismissed because Martinez was indicted and pleaded guilty to federal charges of conspiracy to racketeer for MS-13 and illegal possession and use of a firearm. He is awaiting sentencing and has testified against other MS-13 gang members in two separate federal trials.
The trial was delayed at the start of the day while Judge Charles Haines dismissed a juror who had apparently dozed off at times during Monday's testimony. The juror was replaced by one of eight alternates selected before the trial began.
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