Prosecutors have identified the second of two suspects arrested in the shooting deaths of a man and his infant son during a house robbery four years ago as the gunman who fired the bullets that killed both victims.
Richard Noguera, 33, stood Tuesday for his arraignment in Sacramento Superior Court. He did not enter a plea, but in interviews he gave to two local television stations, he denied having anything to do with the Sept. 14, 2007, killings of Sean Aquitania, 27, and his 7-month-old son, Sean Aquitania Jr.
"I have nothing to hide," Noguera told Fox40 (KTXL). "I did not commit that murder."
Noguera's denial came off as unconvincing to relatives of the slain father and son.
"I've heard his statements, and I wasn't shocked to hear that he would deny it," said Monique Delacruz, the girlfriend of Sean Aquitania Sr. and the mother of their child. "Who would ever admit to it? Who ever would admit to killing a baby?"
Aquitania had gone to visit two friends who live on Country Greens Court in south Sacramento and walked into a home invasion in progress.
Investigators have said it was unclear whether the baby was targeted in the shooting or possibly hit by a stray bullet.
Outside the jail courthouse Tuesday, Delacruz said that if she had the opportunity to meet the gunman and "look him in the eye, I would tell him my son died in my arms with a shot wound to the head."
"I visit my son and Sean at the cemetery for their birthdays and holidays," said Delacruz. She added that "the truth will come out" in the cases "and justice will be served."
The criminal complaint filed Friday against Noguera includes the added allegation that he "intentionally and personally discharged a firearm," a .40-caliber handgun, in both killings.
A separate complaint filed Oct. 11 against co-defendant Donald Ortez-Lucero, 26, a roommate of Noguera's at the time of the shooting, did not contain the gun allegation.
One of Sacramento's top criminal defense lawyers, Danny Brace, represented Noguera at Tuesday's arraignment. Brace said he was "surprised" by the gun allegation lodged against his client.
"He absolutely says he had nothing to do with this," Brace told reporters.
Brace said sheriff's detectives first interviewed Noguera two years ago but did not contact him again until his arrest last week.
"He lives in Sacramento," Brace said. "He has not left Sacramento. He volunteered to do the DNA test. He wasn't running."
The DA's office filed three special-circumstance allegations against Noguera and Ortez-Lucero multiple murders, murder in the course of a robbery and murder in the course of a burglary.
If the two are convicted and a jury sustains the allegations, Noguera and Ortez-Lucero could be sentenced to death. Deputy District Attorney John O'Mara said his office still has not decided whether to seek capital punishment in the case.
A third suspect remains unidentified and at large. Sheriff's detectives have described him as an African American man with a round face and a stocky build.
At the arraignment, Noguera stood in the courtroom cage for the session, which lasted less than 10 minutes. He said nothing other than to confirm his name.
In the interview with Fox40, Noguera said "my heart and prayers go out to that family. I feel bad for that family, but I'm actually not the murderer."
"Everybody knows who I am," Noguera said. "My friends, family, co-workers everybody knows I'm a very spiritual, godly person, and I'm a family guy. I come from a good background. I didn't come from some ditch in the ground. I came from a very loving family."
Sarah Aquitania, the mother and grandmother of the slain victims, said it has been "a roller coaster of emotions" with the arrests that have come in the case four years after the shootings.
"But we are finally going to get some rest on what happened in this case, and we are happy about that," she said.
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Call The Bee's Andy Furillo, (916) 321-1141. Follow him on Twitter @andyfurillo.
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