Convicted Fresno killer in case of mistaken identity gets 75 years to life in prison

FRESNO, Calif. (KFSN) -- A convicted Fresno killer learned his sentence Thursday, putting an end to a five-year legal battle but not the pain for his victim's family.

"Frank was taken from us," Kimberly Rodriguez, the victim's cousin, said. "He was a great son. A great father to his son."

Frank Rojas was 24 when he died outside his Southwest Fresno home in February 2020. He was with friends celebrating the 49ers trip to the Super Bowl when prosecutors say Daniel Gonzalez approached him.

"The defendant approaches their house and immediately acts in a violent manner in that he used his hand to pretend to shoot his house," prosecutor Liz Owen said.

It escalated into a deadly shooting.

Prosecutors say Gonzalez was a known gang member and thought Rojas' 49ers flag was that of a rival gang. But Gonzalez's attorney says it is no case of mistaken identity and claims Rojas provoked his killer.

The judge fired back.

"There was no provocation," Judge Arlan Harrell III said. "You rode up on a bicycle. You made gun gestures toward the home, flagged people to come out, and then shot him."

The admonishment came after a jury convicted Gonzalez of murder and having a firearm. At trial, jurors heard from several witnesses and saw key pieces of evidence, including a zip gun.

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"It's a homemade gun," Owen said. "It was made out of random parts anybody can find anywhere."

Gonzalez remained quiet as both sides made their final arguments. By his attorney's admission, Gonzalez has not shown any remorse.

The judge ultimately sentenced him to 75 years to life in prison.

"I can't forgive him for what he did," Rodriguez said. "He took someone very important from us, and I hope he asks for forgiveness from God because I can't do that."

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