Horacio Vega

A gangmember who participated in the fatal hit-and-run of a man after a fight outside a Daly City pizzeria will be free from custody after being sentenced yesterday to time served.

Horacio Antonio Vega Jr., 25, pleaded no contest in March to assault but postponed sentencing until yesterday so he could be released on credit for time served rather than shipped to prison. Vega was looking at a four-year term as part of his negotiated deal — which in essence he served because he would have likely been released after two, said District Attorney Steve Wagstaffe — but received 364 days yesterday to be shy of the immigration cutoff. If he had received a 365-day sentence he would have been turned over to immigration officials.

Vega was not the actual driver in the Feb. 7, 2010 confrontation that killed Jessie Wiley but was originally charged with murder like accomplices Matthew Sean Mouton, 23, and Rene Castro, 23.

The driver, Mouton, who pleaded no contest to voluntary manslaughter, received 16 years in prison while Castro was sentenced to four years prison for felony assault. All also had gang enhancements which add a strike to their criminal record.

On Feb. 7, 2010, prosecutors say the three men — members of the 31st Street Norteño gang — got into a fight with two men in the Little Caesar’s pizzeria on King Drive in Daly City. The men left but were allegedly confronted by Castro and Vega who continued the fight at the intersection of King Drive and Callan Boulevard. Prosecutors say Mouton drove a black GMC Yukon Denali at Wiley at speeds of 40 mph, intentionally striking him and running over him several times. The other two then climbed into the SUV and all three fled while Wiley died at the scene, according to the prosecution.

Police apprehended Castro and Vega a short time after the incident but Mouton remained at large for another month.