Injustice in Merced: Sisters Fight for Justice for Their Brother

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Jacob Merlin Apodaca./Photo courtesy of Melissa Cacho.

Editor’s Note: This story was originally published in our sister publication, www.tribunodelpueblo.org.

MERCED, CALIFORNIA — On October 19, 2022, Jacob Merlin Apodaca was attacked while in police custody. Since his death his two sisters, Melissa and Rosemary, have been demanding transparency and justice from Merced officials regarding their brother’s death. 

At the time of his death, Jacob was only 21 years old. Growing up, he was in and out of foster care and lived with his sister Rosemary at one point. Despite his turbulent childhood, he was eager to move forward and create a better life for himself. In elementary school, he was part of the GATE (Gifted And Talented Education) program. Given his economical status he didn’t have a strong support system to continue his education but he would graduate high school on his own. Prior to even turning 16, he was looking for jobs so he could earn money. He had a deep interest in music but there were no low-cost programs available for him, so he joined the church to play music. His desire to create a better life was infectious and he would get his dad involved in the church band with him. Jacob was a highly motivated person that created his own opportunities in a city where children who live in poverty are often overlooked. 

Jacob was a product of his surroundings and despite his desire to move forward, his economic background exposed him to violent situations. One day, Jacob was hanging out with friends when another group of people exchanged confrontational words with them and shots were fired. Jacob was shot in both arms. Fearing for his life he checked himself out of the hospital and fled to Texas to be with his brother. This led U.S. marshals to pick him up in Texas and Jacob’s case became classified as gang activity despite Jacob being a victim in the scene. 

Jacob’s case tells us a lot about the injustices in our legal system. Instead of the case being analyzed per individual, Jacob was lumped in with the rest of his group. It was his first time in jail and in two months he would be found dead. While incarcerated, Jacob was sharing a dorm in the gang unit with eight other individuals. One inmate led him to a situation where two other inmates would then stab him multiple times. Those three inmates have been charged for Jacob’s death but there has not been any progress besides that.

Photo courtesy of Melissa Cacho.
Photo courtesy of Melissa Cacho.
Jacob at his high school graduation. Photo courtesy of Melissa Cacho.
Photo courtesy of Melissa Cacho.


Jacob’s sisters have pleaded with officials to move forward with Jacob’s case but they have only been met with silence. It took the DA four months to formally file a complaint and that only occurred after Rosemary had to spend two hours at the DA office begging to press charges. Preliminary hearing regarding the case has already been postponed twice and Merced County Sheriff Warnke has not met Jacob’s sisters until this day. The media has also not given any attention to Jacob’s case. The conservative media coverage can be presumably a result of the media’s tight relationship with the sheriff in Merced. 
In honor of their brother, Melissa and Rosemary have created the Jacob Merlin Foundation which aims to reach young adults facing tough situations. The goal is to get to the root of each person’s problems and assess their needs to help each young person achieve their goals. The foundation will offer financial planning, credit counseling, general life planning, and will encourage youth to pursue higher education, especially youth who were formerly incarcerated. Jacob’s sisters were motivated to create this foundation not only because of their brother but because they are tired of seeing youth fall into the same situations like Jacob. Kids who grew up in poverty only know the block and are not offered any alternatives. What children like Jacob need is opportunities to succeed so that they know that another life is possible. 


Jacob’s sisters are not only grieving their brother’s death but they are grieving for the life that Jacob could’ve had had other options been available for him. On top of their grief they have to fight to have their story heard by Merced officials. They are also demanding first time offenders have a separate housing option to prevent anyone else from being a victim like their brother. And finally, they are seeking overall awareness regarding their brother’s death so that the media and Merced officials can no longer ignore the injustice that happened to Jacob. 

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