Daniel Epimenio Gonzalez (Fresno Police Department).
A California man will likely spend the rest of his life behind bars for a mistaken identity killing outside of a Super Bowl party where a jubilant football fan lost his life for no reason at all.
Daniel Epimenio Gonzalez, 39, was found guilty of all the charges against him by a Fresno jury of his peers in October 2024, including murder with a firearm enhancement and possession of a firearm by a felon.
On Thursday, the convicted killer was sentenced to 75 years to life in prison over the February 2020 slaying of Frank Rojas, 24.
The victim was a San Francisco 49ers fan excited about his team’s appearance at the National Football League championship game. At the time of his fatal shooting, he was with friends, at home, and celebrating when Gonzalez approached aggressively.
“The defendant approaches their house and immediately acts in a violent manner in that he used his hand to pretend to shoot his house,” Fresno County Deputy District Attorney Liz Owen said during the sentencing hearing, according to a courtroom report by Fresno-based ABC affiliate KFSN.
Prosecutors alleged Gonzalez was a known gang member and came to the Rojas residence with violence in mind after mistaking the victim’s 49ers flag for the insignia of a rival gang.
The defense pushed back on the mistaken identity theory and claimed Rojas provoked an altercation.
But the judge overseeing the case was not having it.
“There was no provocation,” Fresno County Superior Court Judge Arlan Harrell III said. “You rode up on a bicycle. You made gun gestures toward the home, flagged people to come out, and then shot him.”
During the trial, jurors saw the murder weapon — an improvised firearm that was recovered from the homeless encampment where Gonzalez was living at the time of the slaying, according to a prior report by KFSN.
“It’s a homemade gun,” Owen explained. “It was made out of random parts anybody can find anywhere.”
The defendant was personally identified during the trial in a scene from a typical courtroom drama.
“We were looking for a Hispanic male, approximately 30 years of age, wearing shorts and a blue baseball cap and riding a bike,” Fresno Police Detective Michelle Vanzant testified. “The male was also described to have tattoos on his face; one specifically with three dots under one of his eyes.”
Owen asked: “Do you see that person in court today?”
The officer replied: “I do,” Vanzant replied.
“Can you please point to him and describe what he’s wearing?” Owen pressed.
To which Vanzant replied as she pointed at the since-condemned man: “Right there. He is wearing a black button up shirt.”
The defense, during the trial, pushed back on some of the evidence — saying the gun, for example, could have been manipulated. The officers on the scene did not change gloves, a defense attorney noted.
In the end, jurors dismissed this line of argument.
“Frank was taken from us,” Kimberly Rodriguez, the victim’s cousin, testified during an impact statement. “He was a great son. A great father to his son.”
Gonzalez kept up a stoic demeanor throughout his final courtroom appearance. His attorney admitted a lack of remorse.
“I can’t forgive him for what he did,” Rodriguez added. “He took someone very important from us, and I hope he asks for forgiveness from God because I can’t do that.”
