Judge Clears 2004 Pizzeria Slaying Case For Trial
Surveillance video once thought lost in the Ryan Cunningham killing is now being recovered, and a trial is set for February 2027.
By Emma Mehta ·
Four men accused in a 2004 Chula Vista killing will stand trial after a judge ruled the case can proceed despite disputes over missing surveillance footage. Jose Roque-Garcia remains in custody; the three other defendants are free on bail. A trial date is set for February 2027.
Ryan Cunningham, 21, was beaten and stabbed outside LaBella's Pizza in October 2004. The investigation went cold for more than two decades. The four arrests came earlier this year.
Deputy district attorney Robert Eacret told the court Wednesday that a video once reported destroyed is now being recovered. "It's not great quality, it's pixelated, but it is the video of the LaBella's interior lobby," Eacret said. Cunningham's sister, Hannah Rangel, had contacted ABC 10News last week after learning from the district attorney's office that Chula Vista police had lost video needed for trial.
All four defense lawyers asked the judge to throw out the charges. Patrick Griffen, who represents Roque-Garcia, said nine videos totaling hours of footage were never secured by police at the scene 22 years ago. The judge declined the requests, citing an informant who identified the four men and DNA evidence in the record.
Rangel said the hearing underscored her long-held concern that the case stayed open for decades because evidence was never gathered. "It reinforces this idea that I have that I kind of grew up with, which is that his case hadn't been solved because maybe it wasn't a priority," she said. She added, "I'm relieved that the cases didn't get dismissed."
The San Diego County District Attorney's office has contacted Chula Vista police five times about the case and the video in question. Police have not responded. Court records show Roque-Garcia is being held while the other three defendants await trial on bail.
The judge has ordered the suspects' faces blurred in any video shown publicly. The trial is scheduled to begin in February 2027, more than 22 years after Cunningham's death outside the pizzeria.
Source: KGTV
