FRESNO, Calif. (KFSN) -- The judge in the case against Daniel Gonzalez allowed his arraignment to be delayed until next week to give his new defense time to prepare.
Police arrested the 34-year-old documented gang member Saturday shortly after the shooting on Tuolumne and B Street
"The best thing a new attorney can do is ask for a continuance," says Legal Analyst Tony Capozzi. "Keep me time to look at the police reports and let me talk to my client and see if there's any sort of defense or is he even capable of entering a plea."
Capozzi believes there are a number of defenses that could come into play if the case goes to trial.
Investigators say Gonzalez approached 24-year-old Frank Rojas outside his home, mistaking him for a gang member because of the colors of the 49ers flag that was hanging from the outside of his home.
Following an argument, Gonzalez opened fire and killed Rojas.
According to police, Rojas and his friends were in no way associated with gangs and were simply celebrating the Niners trip to the Super Bowl.
"I don't think there's any question that it happened and there may be a couple of witnesses who saw this," Capozzi said. "Was there a conversation before the shooting took place? What was that conversation about? Was there antagonism between the two? Was the victim in this case attacking the defendant?"
Police say Gonzalez is a member of the Playboy Sueno Gang, on probation, and homeless when he was arrested and booked into the Fresno County Jail on murder and weapons charges.
A makeshift zip gun is believed to be the weapon used in the deadly confrontation.
"Even with a plea, I think he's looking at a life term," Capozzi said. "Twenty-five to life, 15 to life. "There's a number of charges here that they can stack them, one on top of the other. But this is a murder case and if he's convicted or even if he pleas, he's looking at substantial time, if not life in prison."
This was Fresno's fourth homicide of 2020.