The four defendants accused of murdering 24-year-old Charles “Trip” Bopp, III in Remington on April 22 will be tried together in a 15-day jury trial next September, Circuit Judge James Plowman ruled at a Nov. 10 hearing.
Martin Martinez, 30, of Manassas; Jury Guerra, 28, of Woodbridge; Darren Davis, 36, of Manassas and José Pereira, 31, of Manassas are each charged with first-degree murder and other felonies in connection with Bopp’s homicide. None of the four have been released from custody since their arrest in April, and they each face a maximum sentence of life in prison if convicted.
(From top left) Darren Nathaniel Davis, 36; Jury Beatrice Guerra, 28; Martin Anuar Martinez, 30; and José Vidal Pereira, 31
An attorney for Pereira objected to prosecutors’ motion to try the defendants together, claiming such a trial could prejudice a jury against his client. None of the other defendants objected, however, and Plowman ruled that a joint trial was appropriate.
Bopp, the son of a recently retired Fauquier sheriff’s deputy, was shot and killed in his driveway after returning to his home and interrupting a burglary, according to investigators. The suspects had intended to burglarize another nearby residence but had the wrong address, according to previous court testimony. Bopp had no prior connection to the defendants.
José Pereira leaves court after a Sept. 16 hearing.
At Wednesday’s hearing, Senior Assistant Commonwealth’s Attorney Abigail Owens argued that her motion to join the four defendants into one jury trial was a matter of efficiency, given the complexity of the case and the fact that the defendants are charged in connection with the same crime.
“We have at least 30 to 40 witnesses” planned for the trial, said Owens. “I think it would be extremely burdensome on our witnesses were there four separate trials.” Owens continued, “We’re talking about conspiracy here; conspiracy to commit burglary that eventually turned into a murder.”
Defense attorneys for Davis, Guerra and Martinez initially objected to the Commonwealth’s motion when it was filed last month. But at Wednesday’s hearing, they did not oppose the motion.
Pereira’s attorney, however, continued his opposition to the joint trial, arguing that it would constitute “significant” prejudice to Pereira.
Jury Guerra leaves court after a Sept. 16 hearing.
Mark Branca, representing Pereira, stated in a Nov. 8 motion that a “crucial defense” to prosecutors’ allegations of coordinated action among the suspects is “abandonment,” a criminal defense in which the defendant claims he withdrew from a criminal act before its completion.
“Mr. Pereira’s ability to present an abandonment defense is greatly hindered in a joint trial because of the potential hostile and antagonistic positions taken on behalf of his co-defendants,” the motion said. “For instance, if either Mr. Pereira or one of his co-defendants were to identify the triggerman, then the defendant named as the triggerman would not be able to adequately rely on the abandonment defense.”
Given the extensive and violent criminal histories of Davis and Martinez, Branca added Wednesday, “there is evidence that would be admissible in a joint trial that wouldn’t be in a separate trial” for Pereira.
“I would point out that Mr. Pereira also has an extensive criminal history, just like his co-defendants,” Owens replied at the hearing.
Pereira himself was convicted in 2009 on a felony drug charge and in 2013 of two misdemeanors, including for shooting a firearm in a public place. He is currently awaiting the resolution of two felony drug charges in Prince William County, for which he was arrested and released on bail in August 2020. While released on bail, Pereira was ordered to wear a GPS-enabled ankle monitor, which allegedly placed him at the scene of the April 22 homicide.
Martin Martinez leaves court after a Sept. 16 hearing.
In her original Oct. 5 motion to join the cases, Owens said that prosecutors are “not aware of any evidence that would only be admissible against some of the defendants but not others. Nor is the commonwealth aware of any evidence that would be prejudicial against one or more defendants should it be admitted to trial.”
Plowman ultimately granted the prosecution’s motion to join the cases, saying there was “not really any dispute as to whether there’s good cause to join the cases… It’s a question of whether a defendant can prove prejudice, and all I’ve heard is theoretical or hypothetical prejudice.”
Plowman also said he would be open to trying the defendants outside Fauquier County; he said the relatively small Fauquier Circuit Court would be ill-suited for such a sprawling trial.
The jury trial is scheduled for Sept. 19 to Oct. 7, 2022.
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'Trip' Bopp homicide case set for joint trial of 4 defendants - Fauquier Times
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