Man Convicted of Attempted Murder in Tenderloin Shooting

January 24, 2011

ADA Seth Steward, DA Gascón’s Office, (415) 553-1014
Erica Terry Derryck, DA Gascón’s Office, (415) 553-1167

SAN FRANCISCO, CA – District Attorney George Gascón announced today that Faustino Perez, age 49, of San Francisco was convicted of attempted murder and other charges following a six-week jury trial.

The conviction came after a jury trial before San Francisco Superior Court Judge Jerome Benson. On January 20, 2011, after deliberating for one day, the jury found the defendant guilty on all counts: attempted murder, assault with a semiautomatic firearm and felon in possession of a firearm. The jury also found “true” the allegation that the defendant had personally inflicted great bodily injury on the victim with a firearm as well as other allegations.

According to evidence at trial, on March 21, 2006 defendant Faustino Perez was at the intersection of Golden Gate and Leavenworth Streets when he walked into victim Jerry Jones and the two bumped shoulders. Perez was agitated and asked Jones to step around the corner. Jones replied, “whatever you want to do around the corner you can do here.” Perez then pulled a semiautomatic 9mm handgun from his waistband and shot Jones once in the stomach and once in the upper leg. Jones staggered down Golden Gate and Perez fled down Leavenworth towards Market.

Jones, who is homeless, could not be found for trial and did not testify.

One witness, who cannot hear or speak, testified at trial through an American Sign Language interpreter that he witnessed Perez shoot Jones “for no reason.” Another witness testified that Perez had approached him at 7th and Market Streets immediately after the shooting and tried to trade jackets with him (Perez had been wearing a distinctive white jacket at the time). That witness said Perez then fled on a Muni bus down Market Street toward the Embarcadero.

SFPD Officers testified that they stopped the MUNI bus at 4th and Market Streets. Perez was seated on the bus and arrested and identified by one witness as the shooter. Surveillance video from MUNI shows Perez entering the bus holding his white jacket, sit towards the back and minutes later shows the bus get stopped by the police. When the police stopped the bus, the video shows the defendant lean down under his seat and then switch seats. Officers recovered a 9mm handgun under Perez’s original MUNI seat.

The SFPD Crime lab found a mixed DNA profile on the gun and concluded that Perez was included as a possible contributor. Linda Abuan of the Crime Lab testified that the defendant had gunshot residue on both hands. Finally, the Firearms Identification Unit of the Crime Lab found that the hollow-point bullet recovered from Jones’ body at the hospital was shot from the same gun that was found under Perez’s seat.

The conviction is the result of the investigation by Lieutenant Jerry Defillipo, officers from Tenderloin Police Station, and employees of the San Francisco Police Department Crime Lab (from three separate disciplines). Karima Baptiste was the Victim Services advocate. Assistant District Attorney Brian Buckelew prosecuted the case.

Sentencing is scheduled for Wednesday, February 21, 2011 in Department 21 at 9:00 a.m. The defendant faces a minimum sentence of 30 years to life in state prison.