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Tuesday, June 18, 2013 | 1:51 p.m.

Posted: 11:43 a.m. Wednesday, Dec. 12, 2012

Police say murder of 17-year-old was out of revenge

suspects Justice Afoa murder 1212
Newark Police
suspects Justice Afoa murder 1212

KTVU and Wires

NEWARK, Calif. —

Three reputed gang members were charged with murder Wednesday for the fatal stabbing of 17-year-old Newark high school student and football star Justice Afoa two years ago in what authorities said was an act of revenge.

Rafael Tovar, 32, of Newark, Daniel Howard, 31, of Fremont, and Daniela Guzman, 19, of Newark, who is Tovar's younger sister, are also charged with conspiracy to commit a crime for the fatal stabbing near the intersection of Cedar Boulevard and Birch Street in Newark at about 3:30 p.m. on Dec. 15, 2010.

Afoa was a defensive lineman at Newark Memorial High School and made second team all-league in the Mission Valley Athletic League in the 2009 season.

Newark police spokesman Mike Carroll said Afoa transferred to Bridgepoint Continuation High School in the fall of 2010 but after school he regularly walked to Newark Memorial High School, where he would work out and meet with his friends there.

Carroll said the location where Afoa was killed is only a short distance from the school.

According to a probable cause statement filed in court by Newark police Officer Dan Anderson, the event that sparked the chain of events that led to Afoa's death was when Afoa beat up Tovar at Tovar's home at 12:28 a.m. on Sept. 12, 2010.

Tovar was so badly beaten up by Afoa that he eventually had to be taken to Eden Medical Center in Castro Valley for treatment, Anderson said.

Tovar later learned that Afoa had been bragging about beating him up and Tovar felt "great embarrassment" because he was a member of the Norteno gang and was much older than Afoa, according to Anderson.

On Oct. 30, six weeks after the first incident, Tovar plotted to attack Afoa at a party at 36187 Cedar Blvd. in Newark, Anderson said.

Afoa was assaulted with a beer bottle and a friend of his suffered "numerous severe stab wounds" but no arrests were made because the people involved in the incident were uncooperative with police, according to Anderson.

The officer said that when Afoa visited his friend in the hospital, where he was being treated for his stab wounds, Tovar confronted him and "told him he would get his."

Guzman later admitted that she had set up Afoa to be assaulted at the party in retaliation for the beating of Tovar, her brother, although she refused to disclose who the assailants were, according to Anderson.

Anderson said Tovar also planned to assault Afoa after a football game at Newark Memorial High School on Nov. 5, 2010, but school personnel learned of the incident and took precautions to avoid a disturbance.

Anderson said Tovar eventually admitted that he stabbed Afoa about five times on Dec. 15, 2010, and estimated that Howard also stabbed Afoa about five times.

Tovar said he discarded his knife and a clothing item in a dumpster near the La Pinata Restaurant on Thornton Avenue in Newark.

According to the criminal complaint filed against the three suspects, Howard has prior convictions for assault and false imprisonment and Tovar has prior convictions for obliterating a gun's identification number, auto theft and possessing drugs and a gun.

Howard also was recently charged with attempted murder and making criminal threats for allegedly trying to kill a woman in Fremont on Nov. 25.

All three suspects are being held at the Santa Rita Jail in Dublin without bail, and were arraigned by video in Alameda County Superior Court in Hayward Wednesday afternoon. They're scheduled to return to court on Monday to be assigned attorneys and potentially enter pleas.

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