Tri-Cities judge denies bail for 20-year-old charged with killing member of his own gang
A 20-year-old gang member is being held without bail after being charged with killing a man at a Benton City graduation party.
Elijah Mykale Cruz of Kennewick pleaded innocent to first-degree murder on Thursday in Benton County Superior Court. He was already in jail in connection with stealing several guns from a Kennewick home.
Cruz allegedly shot Jesus Contreras Chacon, 20, as he was sitting in a car with Ruben Marin, 22. It’s believed Cruz was retaliating after Marin opened fire into the crowded garage in June.
According to Instagram messages, Marin believed he was aiming at rival gang members.
When Deputy Prosecutor Brittnie Roehm asked for $1 million for Cruz, Judge David Petersen ruled that Cruz should not get bail at all.
While most suspects have a guaranteed right to bail, a recent court case allows judges to deny bail in the most serious types of felonies — such as murder.
Petersen said Cruz’s alleged actions at the June 9 party showed an “extreme indifference” to life.
Cruz’s attorney, Nicholas Blount, reserved arguing on the issue of bail until a later time.
Benton County sheriff’s officials and county prosecutors held a news conference Thursday to announce that Cruz had been charged.
Deputies arrived at the party to find five people wounded after Marin allegedly fired 12 times into the party.
Cruz, who was part of the same gang as Marin, was also inside the garage. It’s unclear if he recognized Marin at the time, but he ran outside and fired six 10mm shots at the car Marin was fleeing in.
One of the bullets hit Contreras Chacon and he died at Prosser Memorial Hospital.
Detective Sgt. Horacio Gonzalez said police didn’t find any members of a rival gang at the party.
The five people who were shot are recovering from their wounds, he said.
Cruz, before he was charged with murder, was being held at the Benton County jail in connection with a break-in at a Kennewick home where 60 guns were stolen.
Two of his fellow gang members were involved in the burglary and later found with the stolen guns at the party, show court documents.
Officials have not said if Cruz used one of those stolen guns to kill Contreras Chacon, but Instagram and Snapchat posts allegedly show him trying to sell a stolen 10mm Glock 29 handgun after the shooting, according to investigators.
Marin has been charged with five counts of first-degree assault for his part in the shooting. A $1 million nationwide arrest warrant was issued for him but he’s currently in the Yakima County jail facing murder charges in connection with an Oct. 15 shooting outside of a Yakima County apartment complex.
The woman who drove Marin and Contreras Chacon from the scene, Vanessa M. Martinez, 21, also is charged with first-degree rendering criminal assistance.
Benton City shooting
While there were gang members at the graduation party, it was a not gang-related party, investigators said.
According to court documents, news of the party had been shared on Instagram and that is how Marin and Contreras Chacon learned about it.
Investigators were able to get some information from the party goers, but the gang members wouldn’t talk to officers. Detectives relied on Instagram and Snapchat messages sent between the various suspects to build their case.
A combination of Instagram messages and security video show Marin, Contreras Chacon, Martinez and another woman drove from Yakima to Benton City in Martinez’s car.
While Contreras Chacon had to convince Marin to come, he was the one who suggested looking for rival gang members.
Marin got a gun from a fellow gang member and allegedly brought it to the party, said court documents.
Marin was standing near the open door when he allegedly fired 12 shots into the crowded garage. Witnesses told investigators that the attack was unprovoked.
In the messages, he claimed he saw rival gang members at the party.
Five teens, ages 15 to 18, who were standing near the entrance were wounded, according to court documents.
A security video shows teens screaming and running from the party to their cars. The video shows Cruz running and ducking behind a parked vehicle.
The car driven by Martinez and carrying Contreras Chacon and Marin sped past his hiding spot. When Martinez turned onto Kiona Road, Cruz fired at the car, hitting Contreras Chacon in the back, said court documents.
Police said they were able to place Cruz at the scene of the shooting using his cellphone location.
After his arrest for the stolen guns, Cruz allegedly talked about his potential sentence, according to court documents. In it, he said, he suggested he could face a murder charge.
When his friend said it should be self-defense, Cruz reportedly agreed.
“Cruz then fumbles over his words and states, ‘It wasn’t me for one, and for two that life is crazy, you know what I mean,” police said.
This story was originally published November 16, 2023 at 5:00 AM.