Prosecution testimony is slated to start Friday in the trial of a gang member accused of joining a cohort in fatally stabbing a Banning man and wounding the victim’s stepson during a confrontation that began over party noise.
Jerry Anthony Valdepena Jr., 29, was arrested in 2021 following a yearslong investigation that identified him as the second person involved in the 2016 slaying of 26-year-old Jeremy Cooley.
Valdepena is charged with first-degree murder, two counts of assault with a deadly weapon and a special-circumstance allegation of killing for the benefit of a criminal street gang.
After nearly a month of jury selection, the prosecution and defense delivered opening statements at the Riverside Hall of Justice Wednesday. Court records indicated prosecutors had intended to begin summoning witnesses Thursday, but due to unspecified circumstances, testimony was postponed to Friday.
Valdepena is being held without bail at the Smith Correctional Facility. His co-defendant, Jerry Anthony Chagolla, 34, was convicted in 2019 of charges identical to Valdepena’s and was sentenced in February 2021 to life in prison.
According to the District Attorney’s Office’s trial brief, Cooley, his wife, identified in court documents only as “N.V.,” her two sons from a previous relationship and the couple’s newborn daughter moved into a rental home in the 400 block of Alessandro Street, near Nicolet Street, in the late spring of 2016. They did not realize until a few days later that a residence across the street was “an active gang” gathering place, hosting members of the Eastside Banning SAPOs.
The couple encountered hostile gang members, boasting of their affiliation and throwing angry looks at the family, according to prosecutors.
Shortly after midnight on June 5, 2016, Chagolla, Valdepena and other associates were partying, playing loud music and engaging in other activity, according to court papers. Cooley and N.V. decided to step onto their front porch to drink a few beers, while casually observing the defendants and their friends.
N.V. later told Banning Police Department detectives that she stepped into the house to check on the baby, leaving Cooley alone. According to a police statement, during that period, Cooley apparently walked beyond the residence to request that partygoers lower the noise level.
The defendants, both convicted felons, became incensed, jumping into Cooley’s face and challenging him to fight, which N.V. witnessed as she stepped back outside, according to the brief.
The woman’s then-15-year-old son, identified in court documents only as “Edgar,” was drawn outdoors by the yelling. With Valdepena repeatedly announcing his gang affiliation, N.V. attempted to intervene, “telling the two men that they were a family and had small children inside the house,” the brief stated.
She then asserted “This is not the first time you guys have tried to (gang) bang on us,” prompting Valdepena and Chagolla to direct Cooley to “get your lady in the (expletive) house so we can handle this,” according to the prosecution.
“One of the defendants also said, `You’re going to catch this fade, or you’re going to catch a hot one,’ meaning that Jeremy was going to fight them, or they were going to do something worse to him, like shoot him,” the brief said.
Edgar then stepped off the porch, prompting his mother to direct him back into the house, but before she could finish speaking, Valdepena and Chagolla jumped Cooley, pulling knives on the unarmed victim, prosecutors alleged.
When N.V. tried to help her husband, an unidentified woman ran out of the party house and grabbed her hair, pulling her to the ground, the brief said. When Edgar tried to get into the fray, Valdepena allegedly turned toward him with a five-inch blade, but tripped on a rut in the grass, falling onto his back. Edgar outweighed the defendant and jumped on him, intending to pin him down to prevent him from aiding Chagolla in the knife assault on Cooley, according to court papers.
However, Valdepena began stabbing and slashing the teenager, inflicting wounds to both his shoulders and across his chest, causing the boy to roll away for safety, the brief alleged.
“Valdepena then joined Chagolla in his attack on Jeremy,” the narrative said.
The victim broke away and stumbled into the entrance of his home, bleeding profusely, after which the defendants fled, according to the brief.
N.V. was able to free herself from the unknown woman’s clutches and went to her husband’s aid, immediately calling 911.
Cooley was taken to Desert Regional Medical Center in Palm Springs, where he was pronounced dead on arrival. An autopsy revealed 24 stab wounds throughout his body.
Edgar was also treated, receiving 26 staples to close his knife wounds, according to the brief. He ultimately recovered.
Detectives identified Chagolla as one of the perpetrators roughly 10 months later, culminating in his trial and conviction.
Valdepena’s involvement was not confirmed until he was positively identified almost five years later, when he was arrested without incident.
Court records show he has a prior conviction for felony evading. Chagolla’s priors were not listed.