Ronlee Petillo's family says he's not the man who killed 57 year old market vendor, Miguel Angel Rivera - but police are convinced and the 23 year old - along with 18 year old Matthew Smith - was charged with murder today when they appeared in before the Chief Magistrate.

No plea was taken - because it is indictable - and they were remanded into custody until March 23rd. As we've reported, just before 9:00 on Friday night Rivera was at his fruit stall socializing with Juan Guardado when 3 men rode up on bicycles. One of them walked up to Rivera and shot him in the head.

All that for what appears to have been a case of mistaken identity - because the gunman believed - wrongly - that Rivera had witnessed a robbery attempt earlier in the day.

Petillo's family says that he does not know Matthew Smith who police say was his accomplice and that he had fallen into a drink induced sleep at the time of the murder.

Petillo has another attempted murder matter pending in court.

Tags Ronlee Petillo Matthew Smith Juan Guardado