Homicide suspect assigned defender

Antonio Guerrero, a 19-year-old Milpitas resident, was in court last week in connection with the fatal October shooting of 18-year-old David Benavidez in Milpitas' Manor neighborhood.

"They assigned a public defender (on March 8)," said Santa Clara County Deputy District Attorney Chuck Gillingham. "He's been arraigned and has not entered a plea yet, but now we're doing pretrial and status conferences so his attorney can get up to speed and go from there."

The prosecutor said Guerrero's next court date at San Jose Hall of Justice will be on Friday, April 6.

On Oct. 15 at about 1:08 a.m., Milpitas police officers responded to the 500 block of Heath Street on reports of a gunshot heard in the area and a person down on the 400 block of Chestnut Avenue.

Officers found the victim, who was later identified as Benavidez, a Milpitas resident, with a gunshot wound. Benavidez was pronounced deceased at the scene, police said.

Within days of the shooting, Milpitas detectives developed information that identified Guerrero as the suspect in the shooting.

Detectives obtained an arrest warrant for homicide. They searched for Guerrero but he avoided capture, police said.

On Feb. 11, Gilroy Police Department officers located and arrested Guerrero in that city, booked on a single count of homicide.

Guerrero was taken into custody by Gilroy Police Department after officers in that city responded to an unrelated call for service.

Milpitas police Officer Jared

Hernandez previously told the Post the victim and suspect knew each other.

"The specifics of how well they knew each other are unknown. They were minimally casual acquaintances," Hernandez said. "This shooting was not gang motivated and we cannot yet comment further on any possible motive."

As part of the investigation, Milpitas police took a vehicle into evidence, which they recovered several hours after the shooting.

The slaying was the second in Milpitas in 2011.

Contact Ian Bauer at ibauer@themilpitaspost.com or 408-262-2454. Visit us on our social media sites at facebook.com/milpitas post and twitter.com/milpitaspost.

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