MOSES LAKE — A Nov. 24 shooting in Moses Lake that left two men injured was possibly motivated by the suspect believing the occupants in the victim vehicle were affiliated with a rival gang.

Grant County prosecutors charged Jesus Torres, 22, of Royal City, in Grant County Superior Court with two counts of first-degree assault and a single count of drive-by shooting in connection with the shooting. Judge David Estudillo did not find probable cause for the counts and Torres was released from jail without bail. He was directed to return to court on Dec. 11 for his arraignment.

The two victims in the shooting, a 24-year-old man and 19-year-old man, both received a single gunshot wound to the left leg in the incident on Hansen Road, near Moses Lake and an Interstate 90 off-ramp. They were treated at Samaritan Hospital in Moses Lake. A third occupant in the victim vehicle, a GMC Sierra, fled on foot after the shooting and phoned 911.

Police scoured the scene and recovered 20 spent shell casings. All three occupants of the GMC gave similar accounts to police of what occurred. They did not know who had shot at them but did state a vehicle had been following them in the moments before the shooting. The three males indicated they had purchased alcohol at Aldi Food Mart on West Broadway Avenue at about 10:20 p.m.

Police obtained video surveillance from the food mart and observed a Chevrolet Impala, occupied by two people, pull into the parking lot at 10:17 p.m. They parked on the east side of the business and the driver of the vehicle can reportedly be seen wearing a blue flannel shirt, while the passenger had on a dark-colored shirt with a large emblem on the front.

The GMC pulled into the parking lot about a minute later and parked on the south side of the truck. The driver of the GMC entered the business and the front passenger, who was wearing a red hat and red flannel shirt, exited the vehicle and walked to the drivers side. The color descriptions are significant because Jesus and his brother Jonathan are known Sureño street gang members. Sureños are known to wear the color blue and are rivals of the Norteño street gang, who wear the color red.

“At times, citizens who wear the colors red or blue have been mistaken as gang members by those who are affiliated with either the Norteño or Sureño street gangs,” wrote an MLPD detective.

The driver of the Impala reportedly rolled down his window as the driver of the GMC walked by and re-positioned the vehicle under the gas pumps and shut off the vehicle’s headlights. Shortly after the GMC exited the parking lot onto Broadway Avenue the driver of the Impala turned on his headlights and traveled “quickly” out of the parking lot in the same direction as the GMC.

Additional video surveillance was obtained from a business on Prichard Road that reportedly shows a vehicle matching the GMC traveling west onto the I-90/Hanson Road exit at 10:25 p.m. A vehicle similar to the Impala can reportedly be seen following the GMC. The vehicles went out of view of the cameras and the first 911 call was made about the shots being fired about two minutes later at 10:27 p.m.

Police discovered the registered owner of the Impala is Jesus’ sister. Jesus and his sister were previously interviewed by Royal City Police Chief Darin Smith in reference to a Nov. 14 shooting in Royal City that left a man injured. Jesus and his brother Jonathan were wanted for questioning with regard to the shooting and Jesus provided a statement to police, in which he indicated he was residing at an apartment on Craig Street in the Larson community.

Police surrounded the residence on Monday and witnessed Jesus exit the apartment and enter a Chevrolet Impala. He was pulled over after a short drive and taken into custody. Police records indicate he was wearing a blue flannel shirt that was consistent with the one the driver of the Impala was wearing Saturday night.

Police went on to search Jesus’ bedroom and recovered ammunition that is the same make, caliber and style as the ammunition casings that were found at the scene of the Moses Lake shooting. The ammunition also reportedly bears the same characteristics of the casings found at the scene of the Nov. 14 shooting in Royal City. Police also found a Smith and Wesson .380 magazine, a Glock .45 magazine and 7.62 rifle magazine. A search of the Impala revealed a .380 Bersa magazine, a crystalline substance (believed to be methamphetamine) and drug paraphernalia.

Torres refused to speak with police about the shooting and reportedly told a detective he needed to prove he, Jesus, was involved “beyond a reasonable doubt.” Estudillo not finding probable cause for the charges against Jesus boiled down to the evidence gathered against the defendant being circumstantial in nature.

Prosecutor Garth Dano told the Columbia Basin Herald his office is standing behind its decision to charges Torres with the crimes and they will be preparing to present possible further evidence at the Dec. 11 court hearing.