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Justice Afoa Case: Judge Says Suspects Planned Murder for Months

The three suspects arrested in the 2010 slaying of Newark teen Justice Afoa were said to have acted for the benefit of a street gang, according to a complaint read in court Wednesday.

The three suspects arrested in connection with the 2010 slaying of 17-year-old Justice Afoa were said to have planned his murder for months, according to a complaint read in court Wednesday afternoon.

Newark residents Rafael Tovar, 32, and Daniela Guzman, 19, who is Tovar's half-sister, along with Fremont resident Daniel Howard, 31, appeared at the Hayward Hall of Justice for their arraignments at about 3:30 p.m. via a live video feed from Santa Rita Jail.

The three face charges of murder and felony conspiracy to commit murder with gang enhancements.

Guzman, who was 17 at the time of the murder, will be tried as an adult. She cried during the court room broadcast.

According to the district attorney’s office, all three are members of Norteno gangs.

A complaint read in court by Judge Gary Picetti alleges that both Tovar and Howard stabbed Justice, and that the three suspects conspired for months to kill Justice after Tovar was beaten up at a house party in September 2010.

According to Deputy District Attorney Elgin Lowe, the suspected trio sent several text messages between Sept. 12 and Dec. 15, 2010 planning an attack on Justice.

Guzman and Howard were said to have texted Justice’s whereabouts to Tovar several times during that span of time.

On Dec. 10, 2010, Tovar received a text message from an unnamed individual that read, “What’s up with that murder?” according to documents read in court.

According to to the documents, Guzman confronted Justice in front of a church on Dec. 11, 2010 just days before his murder telling him that “he was going to get his.”

On Dec. 15, 2010, the day of Justice’s murder, Tovar and Howard exchanged calls 20 minutes before the fatal stabbing, according to the complaint. Howard drove from Fremont and arrived in Newark at 3:30 p.m. The murder was reported 10 minutes later.

Police responded to Cedar Boulevard at Birch Street around 3:40 p.m. and found the high school senior bleeding of apparent stab wounds. Justice, who was a defensive lineman on the Newark Memorial High School varsity football team, was pronounced dead at the scene.

At least two male suspects in hooded sweatshirts were seen running from the scene, but no arrests were made until earlier this week.

Guzman and Tovar were arrested Monday after two of three suspects confessed to taking part in the 2010 stabbing, according to Newark Police Cmdr. Michael Carroll.

Howard was re-arrested in connection to the 2010 slaying after he was interviewed by officers in jail, where he was being held on an attempted murder charge that stemmed from a Nov. 25 incident in Fremont.

Both Howard and Tovar have several prior felonies. 

All three suspects are expected to appear in court for plea and counsel Monday morning at 9 a.m. in Dept. 502.

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Rob Sorensen December 12, 2012 at 10:40 pm
I'm finding the use of the ALERT to be lacking in criteria. I define an alert as one needing immediate attention, i.e. trees down on Cedar Blvd, re-route one's travel. Also, a police action resulting in the local school being shut down. Good examples of the need for an alert.
Poor examples, your current alert doesn't fit the immediate criteria. This will be covered on t.v. and newspaper. After a time, The Patch daily epistle is a tidy spot for update. But drip, drip, drip of lurid details about a tragedy don't warrant the reader's need for an alert.
Kalicia Duque December 12, 2012 at 10:59 pm
Really? Plenty of people have been waiting TWO YEARS for an update on this MURDER CASE. I think that three murderers off of Newark streets is plenty merit for an alert.
Maria December 13, 2012 at 12:37 am
@Sorensen all I can say to you is WOW! You wouldn't be saying crap if this was your family that was taken but stupidity. I am glad that we meaning Newark can alert us on things that happen at that very moment or on something they a lot families have been waiting on closure. If it doesn't meet your criteria of alert don't waste your precious time and read it. Move on!
It saddens me that one of the MURDERS ends up being someone that is one of our very own Newark resident that also attended ours schools here and I have had in a classroom. We always want what is best for our children and try to guide them in the right direction but for some damn reason they seem to think violence,gangs and etc. Are worth loosing their lives for. I know your momma didn't raise you to be a Murderer. How do you look into her eyes every day. Justice and his family got justice today and some closure. My heart and prayers go out to them.
Geoff Burton December 13, 2012 at 01:45 am
I agree with you Rob. Instead of an Alert they can send out a Breaking News Alert for stories such as this and save the Alert heading for public safety and news that could effect people directly such as school lock downs, traffic detours gunman on the lose etc..
Geoff Burton December 13, 2012 at 01:49 am
I am glad they have these three in custody, I had given up hope that Justice Afoa's killers would be caught. Well done to all the law enforcement professionals involved .
Honor December 13, 2012 at 03:24 am
Tovar is behind this.
Honor December 13, 2012 at 03:24 am
Tovar is behind this.
Tima Afoa December 13, 2012 at 03:37 am
Its so easy to put up dumb comments when the article has nothing to do with you. As for me and my family, we finally have closure and my brother may REST IN PEACE. Thank you to all who have worked this case and also the people who prayed for us, we are ETERNALLY GRATEFUL.
Diamond December 13, 2012 at 04:22 am
I was very happy to get this news alert and happier to learn that 3 cold blooded murderers were off the streets. I met Justice's beautiful family at the memorial
in the days after his death, they held vigil at that spot for weeks. I pray for swift justice in this senseless loss of a beautiful young life. The family is in my prayers always..
Brash Brazen December 13, 2012 at 07:58 am
Ironically these cretins will undoubtably end up getting stabbed to death in prison & it couldn't happen to two nicer guys (and the sooner it happens the less their imprisonment will cost the taxpayers) !
anonymous December 13, 2012 at 02:25 pm
Sorenson you are full of crap
Zinn December 13, 2012 at 04:44 pm
Does anyone know Tovar or Howard? How did they become so violent? What kind of families do they have?
johnny December 13, 2012 at 04:58 pm
It's funny...... <-- "not really" But I grew up with Danny And Raff ..Going to school with them any playing with them as kid's... They lived right down the street from me.... and i don't know why they were not caught sooner ...They were "Never" very smart and could be asked to do "anything" for a little of nothing... I'm kinda Shocked Their Friend "Gabriel Rojas" had nothing to do with it http://www.facebook.com/gabriel.rojas.98434
JOJO December 13, 2012 at 07:19 pm
Zinn - people make personal choices -
Big House December 13, 2012 at 09:48 pm
Thanks for the alert. At least we now know that our children are safe from these three criminals running around our streets. For two years? Thank God Justice Afoa finally has justice.
Zinn December 13, 2012 at 10:15 pm
Yeah JoJo but these were extremely violent choices. You don't usually go to that level unless you were a part of a very violent history..
jess December 13, 2012 at 10:25 pm
I'M so glad they are finally caught! Rest in love Justice!Much Ofas to your family!God bless!Thank you Newark police and authority for catching these heartless people.
ificandream December 16, 2012 at 11:56 am
I'm glad they caught these guys. It saddened me every time I drove by the murder site.
Joe dirt December 22, 2012 at 05:39 pm
People how come u guys get like that when inesent people get blame for something. What about those cops that taken innocent peoples life what about those family's thoose family's need there justice why dnt the community work hard to prosecute all those raises inesent suvilence killing cops Oscar grant the guy I'n Fremont an Hayward our court need to prosecute those people are the ones who deserve justice an they family cops that kill need to be out our streets cause they bigger threats to our society an community then any one else hope the day when people ain't. Scared of cops an they put away all thoose murders called cops away will be when our society an community be safe.
StreetWatchDogg December 23, 2012 at 08:38 pm
Cowards!!!!
Luis Gonzalez January 29, 2013 at 01:37 am
Newark PD, Thank you all of you .
I take my hat off !

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Zoneil Maharaj (Editor) June 18, 2013 at 02:47 pm
That's great to hear! We have a full list of locations in Newark, via Newark Unified, here:Read More http://newark.patch.com/groups/schools/p/newark-unified-offers-free-summer-lunches-for-community-children
Dan June 17, 2013 at 07:40 am
I agree 100% with CT
Andrea " Andy " June 18, 2013 at 10:10 pm
I helped run the Snack Shack for 10 years presented a Binder to Coach with all Accounting of allRead More monies provided for deposit - Its real simple if any Booster member requests to see Books - Give them the Books for review - I do not understand why this has not been done - Even if seen in 2010 this is 2013 and things change and the Membership is entitled to regular Audits on the money they worked so hard to raise. So produce, show and review!!!!!
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Oh this opens up NMHS like a can of worms. There have been suspicions of this for years regardingRead More Rich Swift at the annual Crab Feed, Margaret Jean at the 4th of July Fireworks sales, Stacey Kelly snackshack, and how about Edna, shes always at the gate taking the money. Im glad someone with balls is getting this out in the public. Yes, the money needs to be counted and deposited by a committee and not the individual in charge as has been the case for many years. While were on the subject of NMHS, what about the rumors that Rich Swift threw away letters from colleges for prospective athletes. Rumor has it there were many letters found in his drawers after his death.
Mona Taplin June 15, 2013 at 06:23 pm
Good response Teddy, and truth.
Bong Sativa June 17, 2013 at 05:57 am
The more likely explanation is that the vast majority of Newark Police officers lack the requisiteRead More aptitude & agility necessary to fill shopping bags with groceries & didn't want to do anything to further embarrass themselves while under the scrutiny of the bewildered shoppers like James.
Teddy June 17, 2013 at 12:12 pm
Bong Sativa maybe you can meet Officer Indica.
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Could it be that, because busloads of inner city non resident children jam the place, someone wiselyRead More decided to make the hours available to Newark taxpayers first?
Audrey June 15, 2013 at 10:27 am
Yes they are walking as I write this! but it is not to late to sponsor them! please!!!
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This probably sounds heartless, but it sounds like this house should be condemned before a tragedyRead More occurs. I doubt if any organization can bring it up to code because of the cost. It's really sad to see this happening to a working person in this country.
Adam Moe June 13, 2013 at 09:47 am
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Mona Taplin you are right on re: all your remarks.
Tony June 16, 2013 at 05:33 pm
Thanks James!, You know it's amazing when somebody puts their own personal time to learn andRead More understand something and then you share it... I would have been more then glad to explained myself in more detail face-to-face because I may learn something myself but like a marriage you don't get on here and start posting every little detail about you and your wife and I'm not going to get on here and start posting every little detail about my past employer`s. So to whoever flagged me you could have simply posted a disagreement and I'm open-minded and can admit when I make a mistake...I would've simply deleted my post if you could've proved it wrong.
James Nelson June 18, 2013 at 07:58 am
Tony, You are an upstanding individual, glad you joined the Patch! ;)
James Nelson June 18, 2013 at 08:11 am
I would also like to point out that I have on two other occasions asked this Mike Bucci guy the sameRead More question and each time I am Ignored. If this is what us Newark Residents can expect from an aspiring Politician then he can keep his day job! We already have enough Status Quo people in our gov failing to answer the simple questions.
James Nelson June 5, 2013 at 09:11 pm
Landline? That's like so 15 years ago! People still do home telephone services? Wow!
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Yes I have a cell phone and a landline when I am working. Lots of people have it as a 2nd phone.Read More Found out the people working on the lines accidently cut off the phone lines.
Audrey June 6, 2013 at 05:36 pm
have they been claimed yet anyone know??
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UPDATE! Just got a call this morning from a neighbor of the man who owned them. The gentleman diedRead More Mon or Tues and the poor dogs hadn't been well taken care of for years - slept outside, no affection, etc. Long story short - the neighbor wants to adopt them! YAY! <3
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Make sure to post on Facebook. He may have a microchip...hopefully. You can take him to CentralRead More Vet to check. Good luck! I just found two at the Lake Monday evening.