Sacto 9-1-1
August 29, 2008
Gang member's sentencing delayed in murder trial

From Andy Furillo:

A judge today delayed sentencing on a gang member convicted of second-degree murder in the December 2006 slaying of an Elk Grove man in front of the victim's house.

Sacramento Superior Court Judge Michael W. Sweet continued the sentencing of Manuel Cervin to Nov. 7 on a motion filed by the defendant's new lawyer, John Feiner.

Feiner said he intends to file a motion for a new trial based on what he viewed as the insufficiency of the evidence the jury used to convict the 25-year-old Cervin.

Cervin was convicted July 31 in the shooting death of Marc Grimes, 21.

Grimes was shot and killed following a traffic dispute with Cervin, who was driving a car with three passengers at the time of the 11:45 p.m. slaying.

According to evidence at the trial, Cervin, following the traffic incident, positioned his car in a manner that blocked a vehicle that was being driven by Grimes' girlfriend. Cervin then rolled down his driver's side window and exchanged words with Grimes. Another passenger in the car then fired a gun that killed Grimes, who was about to leave town to attend Navy boot camp.

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