Beaumont man acquitted of Dec. 28 drive-by shooting

A Riverside jury acquitted Peter Lozolla Jr. of a drive-by shooting July 28 after one afternoon of deliberation.

Lozolla testified July 28 that it was his roommate, Michael Medina, that fired the shots at Fernando Garcia on the corner of Beaumont’s 8th Street and Orange Avenue on Dec. 28. Garcia survived, but lost a testicle from the shooting.

Medina had pinned the blame on Lozolla. In closing argument, Arsany Said of SB Law argued that Medina’s shifting narrative across police interviews, deposition and testimony disproved his credibility.

Prosecutor Carly Rustebakke said that it was up to the jury to determine the credibility of the witnesses, and asked them to prioritize Medina’s testimony over Lozolla’s. 

Lozolla admitted to being in the Chevy Silverado from which the shots were fired from at the time of the shooting, but said he was sitting in the backseat. 

Lozolla and Medina spent Dec. 27 day drinking, starting at 3 p.m. They went to the Beaumont bar The Player’s Lounge, on Beaumont Ave. and E 8th Street, twice that day. They drove a Chevy that belonged to a customer of the auto shop that Lozolla worked at. Lozolla was supposed to put 100 miles on the truck over four days. They got in an argument with Garcia outside after the bar closed. The root of that argument, according to Said, was Medina’s belief that Garcia had attempted to sexually prey on Medina’s daughter and niece years earlier. Garcia was actually looking for his car keys at a soccer complex. Lozolla admitted to elbowing Garcia in the face, ending the argument.

Garcia walked onto 8th Street, and turned left onto Orange. Medina, driving the Chevy, also turned left onto Orange. Two or three shots were fired from the truck. 

A Ring camera captured the shooting. Police found a shell casing from the shooting in the street, and another in the Chevy Silverado. Garcia identified both Lozolla and Medina in a police lineup. Shortly after, Lozolla visited Garcia’s house. Garcia did not speak with him.

Said argued that the evidence pointed at Medina to be the shooter. If Lozolla was the shooter, he would have had to place his hands out of the truck to properly aim. If he did so, it would follow that both of the casings would fall outside of the truck. Garcia also would have seen him, Said argued. Garcia testified that he did not see anyone pop out of the truck during the shooting. 

Said centered his closing argument on Medina’s credibility.

“One reasonable inference toward innocence is a not guilty…This case is a little easier for you because there’s only one person who put the gun in my client’s hands…He sat here and lied throughout his testimony…He had the motive to pin it on my client,” Said said.

Medina said that he did not have a problem with Garcia, and that he had given Garcia a cigarette outside the Player’s Lounge on the night of the shooting. Garcia said he does not smoke, Said said. Medina said that he barbequed with Garcia after the shooting. The victim denied that ever happened.

Medina claimed to have turned onto Orange Street to get more cigarettes, but later said he had two cigarettes left, Said said.

Rustebakke argued that both Medina and Lozolla had shifting testimony. Lozolla first denied any knowledge of the shooting, then said he heard gunshots, then said Medina was the shooter. 

“Mr. Lozolla was able to sit here, to listen to everyone else’s statements, and fine tune his own,” Rustebakke said. 

When questioned by the police, Lozolla denied knowledge of the shooting because Medina threatened to kill him if he did, the defendant testified.

Lozolla was the only person who could store a handgun in the truck, since he had temporary ownership of it, Rustebakke said.

Lozolla made “stupid, foolish decisions that ended with Mr. Garcia getting shot,” Rustebakke said.

Prosecutors had charged Lozolla with attempted murder, assault with a gun and discharge of a firearm from a vehicle. He was acquitted on all charges, but convicted on a simple assault charge as a lesser included offense, and has been released from prison.