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Three Ordered to Stand Trial in Connection with New Year's Day Killing

Three Desert Hot Springs men were bound over for trial for the fatal shooting of a 16-year-old boy on New Year's Day.

Three Desert Hot Springs men were ordered today to stand trial for the fatal shooting of a 16-year-old boy on New Year's Day.

Erik Godina, 28, Roland Jimenez Arcos, 19, and Josue Agustin Magallanes, 18, are accused in the death of Marcellino Anthony Moscozo on Jan. 1, 2012 in Desert Hot Springs. The three are charged with murder, two counts of attempted murder and participating in a criminal street gang, and Riverside County Superior Court Judge Jeffrey L. Gunther ruled there was enough evidence for the men to stand trial following a two-day preliminary hearing at the superior court annex in Indio.

Moscozo was shot and killed in the 66400 block of Fifth Street about 12:30 a.m., according to police.

Fourteen-year-old Angel Perez testified earlier this week that he, his mother and siblings and a few friends, including Moscozo, were walking to a 7- Eleven store to buy snacks when a boy sitting on the passenger side of a nearby vehicle said something about "West Drive" and "Brown Town," the names of two local gangs.

The witness said when he and a friend were in the store, "this guy walked up to us and said, 'We're going to kill you.' "

The group walked away, and a truck carrying three Latino males Perez didn't know pulled up, he said.

"Someone put their leg out and said, 'I'm going to shoot you. I'm going to shoot you,"' he said.

The group ran into a nearby mobile home park and hid behind some bushes. The trio in the truck followed, and two people got out, Perez said.

"They started shooting, and I don't know what happened next," he said.

He said "a lot" of shots were fired but didn't see Moscozo get shot. Moscozo was dating Perez's sister.

According to police, neighbors called to report that they saw someone being chased, then heard gunfire. Police arrived to find the fatally wounded teen.

A motive for the shooting has not been disclosed. The criminal complaint accuses Godina, Arcos and Magallanes of being affiliated with Desert Hot Springs gang Brown Town Locos.

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