Oakland Man Convicted of Second Degree Murder

March 15, 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 Nelson Barrera, (CN 2253259), was convicted by a jury of second degree murder.

“Scot Clark did an excellent job prosecuting this case,” said District Attorney George Gascón. “The defendant’s vicious actions not only took the life of the victim but also destroyed the lives of his family and shattered the community.”

After deliberating for less than two days, a jury found defendant Barrera guilty of second degree murder in violation of California Penal Code Section 187(a). The jury also found the defendant guilty of carrying a concealed firearm in violation of California Penal Code 12025(a)(2) and guilty of carrying a loaded firearm in violation of California Penal Code Section 12031(a)(1). The jury found true the allegation that the defendant personally and intentionally discharged a firearm causing great bodily injury or death in violation of California Penal Code Section 12022.53(d). The jury found the defendant guilty of the charges and the allegation on Tuesday, March 15, 2011.

According to evidence presented at trial, on December 6, 2005, the victim, Robert Mariano, was shot repeatedly by the defendant, a Sureno gang member, as Mariano yelled at the defendant’s girlfriend about the dangers of bringing gang members to the area. The victim was shot four times, twice in the back. He died a short time later at San Francisco General Hospital.

The defendant claimed self defense or defense of others. After the crime, the defendant fled to Los Angeles where he was arrested. At the time of his arrest, the defendant was found in a gang vehicle with a list of gang members in his wallet. The defendant had gang tattoos, jewelry and clothing indicative of his gang affiliation. The defendant has a previous conviction for possession of a firearm in a vehicle.

The maximum statutory penalty defendant Barrera faces is 40 years to life in prison. Sentencing is scheduled for Wednesday, April 6, 2011 at 9:00 a.m. in Department 21 before the Honorable Jerome Benson.

Assistant District Attorney Scot Clark prosecuted the case.  Jean Hassett was the victim witness advocate on the case.