Man could face retrial for drive-by case after successful appeal
Published Friday, February 05, 2010 12:07 AM
, Bryan College Station Eagle
A 28-year-old Bryan man accused of being the gunman in a gang-related 2007 drive-by shooting had his conviction and 50-year sentence overturned on appeal this week.
David Samaripas Jr. will face a retrial unless prosecutors from the Brazos County District Attorney's Office appeal the decision to a higher court or the two sides reach a plea bargain.
Samaripas was convicted in January 2009 of engaging in organized criminal activity after prosecutors said he fired nine to 20 shots toward a home with 10 adults and four children inside. No one was hit by any of the bullets.
A gang expert testified that Samaripas was a known member of a criminal street gang in Bryan and that the house he fired at was associated with a rival gang.
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