Gang Member Convicted of Assault with a Firearm
On October 31, 2022, in Department 17 of the Tulare County Superior Court, a jury convicted Frankie Julian Ponce, age 32, of assault with a firearm, felon in possession of a firearm, and felon in possession of ammunition. On November 3, 2022, after a second phase of trial per Assembly Bill 333, the jury also found that Ponce committed the assault for the benefit of a criminal street gang. Prior to the trial, Reynaldo Elizaldi, age 42, pleaded no contest to assault for the benefit of a criminal street gang.
On September 17, 2021, the victims, two former gang members, went into a business in the city of Tulare. Ponce and Elizaldi, who were active gang members of the same gang at the time, were already inside the business. When the victims left the business and got into their car, Ponce and Elizaldi followed them out and yelled at them for being dropouts. Elizaldi punched the driver side window with his fist. Ponce used his handgun to shatter the front passenger side window and then fired into the vehicle as the vehicle drove away. The front passenger sustained a gunshot wound to his knee, and the driver sustained minor cuts to his arm from the broken glass.
Between 2010 and 2021, Ponce sustained four felony and 8 misdemeanor convictions, including felony assault, active participation in a criminal street gang, and felon in possession of a firearm. His sentencing is currently set for November 28, 2022, where he faces up to 24 years and 4 months in prison.
Elizaldi possesses two felony and 11 misdemeanor convictions, including felony receipt of stolen property and felony burglary. His sentencing is currently set for November 11, 2022, where he faces a year in jail for his involvement.
The case was prosecuted by Deputy District Attorney Avi Feinstein and was investigated by the Tulare Police Department.
Media inquiries can be directed to the Office of the District Attorney, County of Tulare Assistant District Attorney Dave Alavezos (559) 636-5494