A suspected gang member accused of gunning down a tamale vendor in the Westlake area of Los Angeles in 2009, then fleeing to his native Guatemala, pleaded not guilty Monday to murder and attempted robbery charges.
Werner Rafael Francisco is also facing a special circumstance allegation of murder during an attempted robbery, along with gun and gang allegations, in the Feb. 27, 2009, killing of Cosme Marcial Gonzalez, who was shot in the chest while selling tamales in the 300 block of South Witmer Street.
The FBI has alleged that Francisco had been extorting a "street tax" from Gonzalez and other street vendors.
The 46-year-old victim, a father of three young children, had been selling tamales in the neighborhood for more than 20 years and was respected in the community, according to police and residents.
A warrant was issued for Francisco's arrest in 2009 and investigators tracing the fugitive's whereabouts issued a provisional arrest warrant in Guatemala in 2011. He was arrested in a remote part of that country on Feb. 15 of this year and extradited to the United States by the FBI's Los Angeles Fugitive Task Force in August.
Prosecutors have yet to decide whether to seek the death penalty for Francisco, who is being held without bail. The 36-year-old defendant is due back in court Oct. 23, when a date is expected to be set for a preliminary hearing to determine whether there is sufficient evidence to proceed to trial.
