The San Joaquin County District Attorney’s Office announced that Alejandro Duran Mercado has been convicted of second-degree murder following a retrial.

On February 26, 2021, Mercado was riding a skateboard eastbound on East Pine Street in Lodi when he encountered the victim, Cenobio “Nick” Gallegos, who was skateboarding in the opposite direction. Defendant believed that because of the red shirt, the victim was a rival gang member, although he had never met or seen the victim before. However, the victim had no ties to any criminal street gang. Mercado stepped into the driveway of a residence in the 400 block of East Pine Street and drew a .357 magnum revolver.

As Gallegos passed a parked vehicle between them, he got off his skateboard after seeing Mercado armed with a firearm. Gallegos was unarmed. Mercado raised the gun, advanced toward Gallegos, and fired two shots. At least one round struck Gallegos in the right temple. Mercado then fled the scene. He later attempted to clean the firearm and alter his appearance.

Investigators with the Lodi Police Department, led by Corporal Austin Blythe, identified Mercado through surveillance footage and information provided by a concerned citizen. Mercado was arrested on March 1, 2021. Authorities recovered the murder weapon and clothing worn during the crime in a storage closet near Mercado’s apartment.

Mercado was previously convicted of second-degree murder, with firearm enhancements found true. That conviction was later overturned by the Court of Appeal due to an issue involving a jury instruction. The case was retried, and a jury again found Mercado guilty of second-degree murder, along with enhancements for personal use of a firearm and for use of a firearm causing death.

San Joaquin County District Attorney Ron Freitas stated, “Cenobio ‘Nick’ Gallegos was an innocent young man whose life was taken without cause. While no verdict can undo that loss, we hope this outcome brings a measure of justice and peace to his family.”

Sentencing is scheduled for June 1, 2026. Mercado is facing a total sentence of 40 years to life in state prison.