The home invasion targeted a house in a San Jose neighborhood adjacent a golf course, with no apparent gang connections.
23-year-old Randall Benjamin Frietas is expected to appear in the Superior Court of California in Dept. 23 at 1:40 pm on October 23, 2013, for charges of PC 459 – first degree burglary entering a home, PC 245 (a) (4) – assault by means of force causing bodily injury, and PC 664-211 – 213 (a) (1) (A) – robbery in which he attempted to take money and personal property from his victims. 21-year-old Patrick Dalijah Freitas is also being charged alongside Randall under PC 667.5 (c) (21), PC 12002.7(a) causing bodily harm and PC 186.22 (b) (1) (C) for the benefit of an associated gang.
The charges range from an account that occurred back in September 26, 2012, when five suspected gang members entered a home located on the 1400 block Parkmont Drive in San Jose with the intent to commit a robbery and assault against a person(s) who were living at the residence.
Randall Benjamin Frietas
A statement by the victim to the robbery detectives stated that the female victim was working at her computer in the living room area when the lights in the house went out. She and her husband went to the front door and unlocked it, it was then that three subjects forced their way into the residence. She was pushed forward and fell. The three subjects then went to her husband and began beating him. She was unable to intervene and ran outside to call for help. One suspect attempted to hold her, but she was able to break free and flee from the house. That is when she noticed there were two other subjects who were standing on the front porch, apparently acting as look-outs.
A witness near the scene saw the female victim and heard her screaming from inside the house. He saw several males wearing dark clothing standing by the garage of the house. The victim was yelling “we got robbed.” A dark sports car was seen several seconds later fleeing the scene at a high rate of speed with four males wearing dark clothing. The strong arm robbery/home invasion was apparently gang motivated, but the victims at the house had no idea why someone would have targeted them. It is believed that they were picked purely at random and have no association with the gang members, and could not understand why they had chosen their home to rob.
There were several items at the scene that helped develop leads that eventually led to the arrest of the two suspects. At the crime scene detectives were able to located blood evidence, .22 caliber ammunition, several zip ties, a pair of eyeglasses, a pair of sunglasses and a baseball cap that did not belong to the victims.
Patrick Dalijah Freitas
A pair of Loc sunglasses with a drop of blood was swabbed and tested for DNA analysis. The zip ties were also analyzed for DNA. According to Santa Clara County Crime Lab Analyst Kevin Kellogg, he “uploaded numerous items to be searched against the CODIS DNA Database.” On December 11, 2012 a male was matched through the system as SJ3451-4B, and was identified as Randall Benjamin Freitas – AKA “Ace”. Another test analysis of the crime scene revealed a DNA profile of Patrick Delijah Freitas – AKA “Too Much”. Based on the CODIS hit from the Department of Justice, the two individuals were identified as brothers who were members of a Criminal Street Gang “Asian Boyz” or “ABZ”. Officer Parodi of the Milpitas Police Department had detained Patrick in 2011 and at that time he had admitted to Parodi that he was a gang member of the Asian Boyz gang. Randall had also admitted to Milpitas officers back in 2009 that he was an Asian Boyz gang member.
A pair of Locs sunglasses were recovered at the scene. They are promoted as "Gangsta" and "Hardcore" on the Locs website.
When Milpitas officers detain a person of interest, officers may recognize gang symbolism while talking to the suspect. Sgt. David Morris with the Milpitas Department said, “We don’t treat them any different than anyone else we stop.” Morris said, “To legally validate them as a gang member, we ask them a series of questions.” Several of the questions determining their status involve: (a) whether the person is able to identify their gang association, (b) when they were jumped in, and (c) what kinds of tattoos using numbers and/or symbols do they have on their body. Morris said, “Officers can also make observations detailing possible involvement in a gang. Trained officers look at what kind of tattoos they have, as well as color of their clothing, or in certain cases letters or numbers might tell us affiliation.” The Milpitas PD uses several special investigation gang unit officers to help actively control or thwart possible gang involvement throughout the City.
Based on the evidence and self admission of the two brothers, it is believed that the two suspects participated in the robbery in order to try and finance criminal gang activity.
Read More:
San Jose Mercury News (2010): Three arrested for assaulting man near Sandalwood Park
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