Judge Clears 2004 Pizzeria Killing Trial
A judge ruled that the case of four men accused of killing Ryan Cunningham in 2004 can proceed to trial in February 2027 despite the loss and subsequent recovery of key surveillance footage.
By Javier Sanders ·
A San Diego judge ruled on Wednesday that the trial of four men accused of murdering Ryan Cunningham in 2004 will proceed, despite ongoing disputes over missing surveillance video. The court determined that sufficient evidence exists to move the case forward to its scheduled start date in February 2027.
Cunningham, who was 21 at the time, was beaten and stabbed to death outside LaBella's Pizza in Chula Vista in 2004. The case remained unsolved for more than two decades until the four defendants were arrested earlier this year. Jose Roque-Garcia is currently held in custody, while the other three accused men have been released on bail.
The decision came after the defense teams for all four men filed motions to dismiss the cases. They argued that Chula Vista police were negligent in their handling of digital evidence, specifically claiming that crucial video from the scene was either lost, mishandled, or never collected. Patrick Griffen, the attorney for Roque-Garcia, stated that nine separate video recordings lasting hours were lost and never secured by police.
Deputy District Attorney Robert Eacret told the court that the primary surveillance footage of the pizzeria's interior lobby is now being recovered. He described the footage as pixelated and not of great quality, but confirmed it is the video from the specific location where the crime occurred.
The judge noted that the case can advance based on other substantial evidence, including DNA matches and testimony from an informant who identified the four men. The ruling addresses concerns raised by Cunningham's sister, Hannah Rangel, who contacted ABC 10News last week after being told the video evidence was lost. Rangel expressed frustration that the initial investigation may not have been a priority, noting that a list of evidence was mentioned but never obtained.
Rangel stated that she is relieved the cases were not dismissed, though she acknowledged the difficulty of the situation. Chula Vista police have not responded to five separate requests for comment regarding the case and the status of the videos in question.
The trial is expected to begin in February 2027. The judge ordered that the suspects' faces be blurred in any public media coverage of the proceedings.
