Top court to review Ballard slaying

The U.S. Supreme Court agreed Monday to consider reinstating the murder conviction of the driver in a gang-related, drive-by shooting outside Ballard High School.

The high court will hear arguments this fall in the case of Cesar Sarausad II, a University of Washington student who was behind the wheel when his friend shot and killed Melissa Fernandes, 16, and wounded Brent Mason, 17, on March 23, 1994.

The 9th U.S. Circuit Court of Appeals overturned the conviction because of faulty jury instructions given by King County Superior Court Judge Larry Jordan, who said Sarausad could be convicted of murder even if he didn't know of any plan for a killing.

The appeals panel ruled that the jury should have been told Sarausad could be convicted of murder only if he knew what was being plotted.

The state of Washington filed a petition with the Supreme Court asking that it hear arguments on reinstating the conviction.

Sarausad, now 32, remains behind bars pending the outcome of the case, said his attorney, David Zuckerman.

"The problem with this case," he said, "is Sarausad was driving a car from which a fellow named Brian Ronquillo suddenly pulled out a gun and started shooting people."

Sarausad testified that he had no idea that Ronquillo had a gun or was planning to shoot anyone.

Ronquillo wound up being sentenced to 52 years in prison; Sarausad to 27 years.

Zuckerman said several jurors submitted affidavits after the trial saying that they believed Sarausad's contention that he knew nothing of the gun.

"This was not a kid who you would normally characterize as some kind of gang-banger," Zuckerman said. "It was spring break, and he was just hanging out with some of his friends from high school. He was never heavily involved in gang activity."

At most, he should have been convicted of assault, because he knew that day that there was "a possibility of a fistfight," Zuckerman said. "But certainly he would have been out long ago, and he should have been."

Attempts to reach Assistant Attorney General John Samson, who will be representing the state before the high court, were not successful.