The California Supreme Court refused Wednesday to review the case of two men convicted of second-degree murder for chasing a Long Beach resident onto a street in Santa Fe Springs, beating him and leaving him in the street, where he was soon struck and killed by a vehicle.
Anthony Edward Varela, now 27, of Montebello and Kyle Michael Mangubat, now 28, of Pico Rivera, are each serving 15-years-to-life state prison sentences in connection with the Sept. 18, 2019, death of Ricky Fernando Munoz, 21.
In a Sept. 23 ruling, a three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention that there was not substantial evidence to support the second-degree murder convictions.
The court panel noted in its ruling that “the evidence supports the inference defendants knew they had beaten Munoz unconscious and helpless in the street where he could be struck by a vehicle but took no steps to assist him — instead, they fled to avoid being hit by an oncoming car and bragged to friends about the beating … From that evidence, the jury could reasonably infer defendants knew their conduct endangered Munoz’s life and they acted with a conscious disregard for life.”
At their August 2024 sentencing, Los Angeles County Superior Court Judge Andrew Kim noted that Varela and Mangubat left “an unconscious person in a lane of traffic” with a vehicle approaching, saying, “That is most certainly going to lead to death.”
“… It’s just tragic and it’s sad and it’s senseless,” the judge said.
The two men got into a vehicle and chased after Munoz and his friend following a confrontation inside a pub in the 11900 block of Telegraph Road, in which one of the defendants’ friends was knocked to the ground by Munoz’s friend after Munoz was shoved, according to Deputy District Attorney Robert Villa.
Varela and Mangubat caught up with Munoz, who was beaten and kicked and left unconscious in the street, the prosecutor said.
“By leaving him on a busy street, unconscious, with traffic coming through, they put him at peril,” Villa said outside court after the sentencing.
The driver who struck Munoz remained at the scene, called 911 and positioned his car so no one else would run over him, according to the prosecutor.
Mangubat’s trial attorney, Simon Aval, argued that jurors “made a mistake” by returning the second-degree murder verdict, and suggested that the judge could have instead considered the lesser offense of involuntary manslaughter.
Both the defendants were college students at the time, had no prior criminal history and were celebrating a night out for a friend’s 21st birthday, Aval said after the hearing.
Varela’s trial attorney, Ambrosio Rodriguez, called what had happened “an awful tragedy.”
The victim’s sister, Karina Munoz, told the judge that her brother’s death is the biggest loss of her life, and said she wants “justice” for him.
She told the judge that she lost her best friend as the result of a “senseless act.”
“I miss him so much,” she said.
Also speaking on behalf of the family was Luz Cabral, who said Munoz didn’t have the opportunity to learn that his girlfriend was newly pregnant with a daughter who will never know her father.
The judge — who noted that he had gotten letters from people supporting the two defendants — also heard from three of Varela’s relatives.
Varela’s mother, Cynthia Valdez, said she feels “truly sorry” for the Munoz family’s loss.
“That night will always weigh heavily on their minds,” she said of her son and his longtime friend, Mangubat.
She pleaded with the judge for “mercy” and urged him to reconsider the verdict.
Varela’s older brother said his brother is “so much more” than what happened, while his aunt said her nephew “does not know hate” and “has never been someone to seek conflict.”