DATE: February 6, 2024

CASE: Nicholas Hayes-Kelly & Joe Rhodes (Case #19FE014513)

PROSECUTOR: Deputy District Attorney Matthew Moore, Gangs & Hate Crimes Unit

Nicholas Hayes-Kelly and Joe Rhodes were each convicted by a jury of attempted murder, three counts of assault with a semi-automatic firearm and discharging a firearm at an inhabited vehicle.  Hayes-Kelly was convicted of an additional charge of felon in possession of a firearm. The jury also found true that Hayes-Kelly committed the shooting for the benefit of a criminal street gang and that he has a prior 2015 strike conviction for assault with a firearm.

The defendants were parked outside a store when they spotted the victim, who was a rival gang member.  When the victim drove away, the defendants followed him in their car to the next intersection and Hayes-Kelly opened fire.  The victim and another occupant in the vehicle were struck and drove to the hospital.  The defendants were later identified and arrested.  The firearm used in the shooting was recovered and found to be unregistered.  Both defendants had prior felony convictions and were on supervised release at the time of the offense.

Hayes-Kelly faces a maximum sentence of 93 years to life in prison.  Rhodes faces a maximum sentence of 18 years to life in prison. Sentencing is set for March 6, 2024, at 1:30 p.m. in Department 40 before the Honorable Steve White.

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