Crime & Safety
Woman Tied To MS-13 Admits To Her Role In Lake Forest Machete Killing: Prosecutors
A 25-year-old woman has agreed to plead guilty to murder and testify against two others in the grisly slaying, according to authorities.
SANTA ANA, CA A woman prosecutors have linked to the El Salvadoran gang MS-13 has received a plea deal to testify against two other men in a machete and knife attack that killed a man and wounded his girlfriend nearly seven years ago at a Lake Forest apartment complex, according to court records obtained Thursday.
A mistrial was declared last month in the first trial for Jose Rafael Andrade Membreno, 29, and Xiomara Elizabeth Berrios, 25, when witness Jessica Rodriguez refused to testify, according to court records.
She had been granted immunity but still refused to testify, leading Orange County Superior Court Judge Kimberly Menninger to hold her in contempt, court records show.
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Prosecutors then offered a deal to Berrios, who has agreed to plead guilty to first-degree murder and face 25 years to life in prison. She and Membreno had both been facing life without the possibility of parole.
Meanwhile, co-defendant Edwin Francisco Diaz, 25, who was supposed to be tried at a later date, will now be tried with Membreno, according to a ruling Thursday from Menninger.
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They are accused of the Oct. 1, 2018, killing of Marco Morales and stabbing Rodriguez, his girlfriend.
The trouble began when Morales sold a .22-caliber rifle to a teenager, Jose Henriquez, who angered Morales when he "paraded" the weapon on social media, Deputy District Attorney James Applegate said in his opening statement of the first trial.
"Morales didn't like that ... and he took the rifle back," the prosecutor said.
Morales whacked the teen over the head with the rifle and didn't give the boy his money back, Applegate said.
Henriquez told Membreno what happened, allegedly sparking the conspiracy to kill Morales, the prosecutor said.
Applegate said investigators later found Facebook Messenger data showing the suspects discussing the plan.
On the night of the attack, Morales and Rodriguez were in the apartment complex's jacuzzi area around 2 a.m. when the suspects coordinated the assault via text messages, Applegate said.
In a proffer meeting with prosecutors, Berrios said she was dating and living with Membreno at the Forest Glen apartments in October 2018 when Morales was killed, according to court records.
When Berrios saw Morales and Rodriguez in a jacuzzi at the apartment complex early in the evening of the deadly attack, she went back to her room and told Membreno they were there, according to prosecutors.
"A short time later, her brother, defendant Diaz, came to the apartment," prosecutors said in court papers. "She saw (Membreno) take a machete out of the bedroom closet."
Then Berrios saw Membreno, Diaz and a third person go to the jacuzzi with Membreno hopping a fence to open a gate, granting access to Diaz and the third person, prosecutors said.
Membreno, Diaz and the third person attacked Morales as he got out of the jacuzzi, with the two defendants shouting out the MS-13 gang name multiple times, prosecutors said. Morales grabbed a patio chair to fend off his attackers before running away with his attackers in tow, prosecutors said.
Berrios stayed behind and stabbed Rodriguez, who managed to run away and survive, prosecutors alleged.
Berrios told authorities she saw Membreno and Diaz running away, still brandishing their weapons and "laughing," before jumping into a getaway car, prosecutors said.
Morales' body was found around 5:40 a.m., and he had been nearly decapitated, according to court documents. Rodriguez suffered cuts to her upper chest, Applegate said in the first trial.
A gang expert was expected to testify in that trial that the suspects' ties to MS-13 partly motivated the attack, Applegate said.
"Everything is about ... respect" with the gang, the prosecutor said.
Membreno, the prosecutor alleged, has been in the gang since he was 16.
"Anyone who disrespects MS-13 will be killed," the prosecutor said.
Morales' DNA was found on Membreno's bloodied jeans, Applegate said.
Membreno, Berrios and Diaz are charged with murder with a special circumstance allegation of lying in wait for the victim and conspiracy to commit murder. They also face sentencing enhancements for the personal use of a deadly weapon. Berrios is also charged with criminal threats and assault with a deadly weapon.
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