Innocent bystander Robert Gutierrez was killed by a stray bullet in a December 2022 shooting on Stearns Wharf. | Credit: Courtesy

In a rare turn for a gang-related case, a former co-defendant took the stand this week to testify against the accused shooter in the December 2022 killing of Robert Gutierrez. A 52-year-old father of two from Camarillo, Gutierrez was fatally struck by a stray bullet while walking Santa Barbara’s Stearns Wharf with his wife on their 20th wedding anniversary. James Rosborough, one of three men who took plea deals, told jurors that defendant Jiram Tenorio Ramon bragged about the fatal shot, allegedly fired during a confrontation tied to the Westside criminal street gang. Ramon faces multiple charges, including murder and personal use of a firearm.

After opening statements and emotional testimony from Gutierrez’s widow last week, the trial entered its second week this Monday with a series of law enforcement and forensic witnesses. Audio and video footage played in court captured the sound of five gunshots fired near the wharf. Prosecutors synced the audio — recorded outside Chad’s restaurant on Cabrillo — with surveillance video from Stearns Wharf to create a frame-by-frame account of the moments surrounding the shooting.

Investigators also described the gun recovered during a SWAT raid at a residence on Via Lucero, where Ramon was reportedly staying. According to testimony, the weapon — a ghost gun with no serial number — was found under blankets on a twin bed. Detectives collected cell phones, gang paraphernalia, and photos linking Ramon to the Westside gang.

Detective Guillermo Cipres testified that the firearm was assembled from individually purchased parts. “Basically custom,” he said. When questioned by defense attorney George Steele, Cipres acknowledged that similar weapons can be built by anyone. “I could go out and buy the exact same thing,” Steele offered.

DNA testing complicated matters further. Forensic scientist Brittney Shelley confirmed that DNA from at least four individuals was found on the firearm, making it impossible to isolate a single contributor. As a result, no DNA match was made to Ramon.

Ballistics evidence presented Tuesday indicated that the bullet extracted from Robert Gutierrez’s skull was likely fired from the recovered gun. The expert, however, admitted under cross-examination that the conclusion could not be stated definitively. Steele leaned on that uncertainty, pressing the witness to concede that “likely” is not the same as “certain.”

Then came testimony from James Rosborough. Now 23, Rosborough testified under oath about gang affiliations, firearms, and the events leading up to the shooting. He told the court that Ramon, Ricardo Moreno, and Christopher Miranda picked him up that night to “hang out,” first stopping at a dispensary and a liquor store, and then heading up to the foothills. Eventually, they made their way down to Stearns Wharf. When they encountered a group of men in “baggy clothes,” gang signs were thrown. Ramon and Moreno got out. Rosborough heard someone yell, “Let’s get ’em,” and “Fuck it” before shots rang out.



Afterward, Rosborough said Ramon went to his house. “I let one off and I see the dude — boom — drops,” Ramon allegedly said. Rosborough added that Ramon seemed proud of the shooting, believing the victim was from a rival gang. As part of his testimony deal, Rosborough is required to tell the truth or face the consequences in his own sentencing.

Tensions peaked during Rosborough’s cross-examination, when Steele began pressing him on how much he actually saw of the shooting and which side may have fired first. Just as Steele was building a line of questioning, lead prosecutor Tate McCallister objected. The judge, prosecutors, and defense attorney left the courtroom and remained in chambers for roughly 10 minutes.

When they returned, Steele simply said, “No more questions.” Rosborough was dismissed from the stand — his testimony officially complete.

Ramon, wearing a gray suit and a fresh haircut, sat silent during testimony but could be seen grinding his jaw as investigators showed photos of his apartment. McCallister conducted most witness questioning, while Steele worked to inject doubt at every turn — about the gun, the apartment, and Ramon’s gang ties.

The courtroom mood fluctuated between procedural and tense. Much of the evidence was highly technical, but the underlying stakes — a man’s life ended, another man on trial — never fully receded.

Testimony continues Wednesday morning. More forensic and gang-related evidence is expected as prosecutors work to prove Ramon’s intent and role in the killing. The defense, meanwhile, is laying the groundwork for an argument of self-defense — and casting doubt on nearly every piece of physical evidence presented so far.

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