Murder Charges Dropped Against Three of Four Arrested in Plaza Death

ONLY ONE MAN CHARGED IN DEATH OF JOHN FRANCIS AVILA, ALL FOUR SUSPECTS RELEASED

There has been a major development in the death of 64-year-old John Francis Avila.

Although four Sonoma men were originally arrested on suspicion of murder and conspiracy, only one now faces criminal charges. Cristian Vargas Collado, Augustine Rossi and Thomas Griego have been released, and no charges are currently pending against them.

Anthony Michael Kirk, 28, is the only person charged. According to Sonoma County Superior Court records, Kirk faces:
• Felony involuntary manslaughter under Penal Code 192(b)
• Felony battery causing serious bodily injury under Penal Code 243(d)
• Special allegations under Penal Code 969(f)(b) attached to both counts

The murder and conspiracy allegations announced at the time of the arrests were not filed against Kirk. His case number is 26CR06694 and is assigned to Judge Robert M. LaForge. Kirk was granted Level 3 pretrial release and is no longer in custody. His next hearing is a plea hearing scheduled for October 6, 2026, at 8:30 a.m.

Being released while facing two serious felony charges may seem unusual to many members of the community, although pretrial release in serious Sonoma County cases has become increasingly familiar in recent years. His release does not mean the case has been dismissed or that he has been found innocent. Kirk remains charged, and all defendants are presumed innocent unless proven guilty in court.

Avila was found critically injured near the Italian Fountain in Sonoma Plaza at approximately 10:30 p.m. on September 7. He died six days later, on September 13.

People who knew Avila have told us that he was originally from Stockton, later moved to Sonoma, moved away and returned in May. They described him as friendly, helpful, usually in good spirits and always willing to lend a hand. He had celebrated his 64th birthday less than a month earlier, on August 21.

Several people who knew him said his behavior that night was deeply concerning and completely different from the John they remembered. It remains unclear whether he was intoxicated, experiencing a mental health crisis or dealing with something else. Without verified evidence, any explanation for his behavior would be speculation.

The Sonoma Police Department later posted a statement concerning this case and the video published by our page. We felt the public needed to see the video because the original police release stated that investigators determined all four men physically assaulted Avila and caused his fatal injuries. The video raised serious questions about that description, and the charging decision now shows that prosecutors did not file charges against three of the four men.

Police previously said investigators relied on surveillance footage, witness statements, physical evidence and Flock automated license plate reader data. Flock data identifies vehicles and travel information. It should not be confused with video showing the entire confrontation itself.

Our purpose in sharing the video was not to interfere with the investigation or disrespect Avila and his family. It was to provide important context that was missing from the initial official account and avoid allowing four people to be publicly treated as convicted murderers before the evidence was tested.

This is a tragedy for everyone involved. A man lost his life, families are grieving and four people were arrested under extremely serious accusations. We hope the complete truth comes out and that justice is served, regardless of anyone’s personal opinion about the case.

The charges against Anthony Michael Kirk are allegations. He is presumed innocent unless proven guilty.

This report was originally published by Sonoma County Crime and Creep Watch. TV Channel KTVU has released comparable information.