LAGUNA NIGUEL : Arraignment of Suspect Delayed

Arraignment of a suspect in a Christmas Eve drive-by shooting in San Clemente was delayed Tuesday for the second time this week.

Floyd Gerald Avery, 18, of Oceanside is now scheduled to be arraigned Jan. 23 in South Orange County Municipal Court. His bail remains at $250,000 until that time, Municipal Judge Pamela Iles said. Avery’s first arraignment hearing Monday was also delayed.

Avery is charged with attempted murder and shooting at an occupied dwelling in the incident that injured Prisca Caudillo, 4, as she played on the balcony of a north San Clemente apartment.

Defense attorney Leroy A. Martin said he asked for the delay because he is not familiar with the case and has not spoken with Avery. He added that he has not decided if he will accept Avery’s case.

Two male juveniles from San Juan Capistrano were also arrested in connection with the gang-style shooting, believed to be the first of its kind in South County. They are being held in Juvenile Hall.

Avery, a former San Clemente resident, was arrested Jan. 4 by San Clemente police at his Oceanside home, which he shared with his mother, his 15-year-old girlfriend and his 15-month-old daughter.