Johnny ortiz – who played alongside Kevin Costner in “McFarland, USA” – is currently sitting behind bars after being charged with attempted premeditated murder… TMZ has learned. According to legal documents, obtained by TMZ, Ortiz and another man, Armando Miguel Navarro, allegedly tried to kill a man named Brian Duke “For the benefit, under the direction of and in association with a criminal street gang with the specific intention of promoting, promoting and aiding the criminal conduct of gang members.” Navarro is the accused of pulling the trigger, and while it is not clear what role Ortiz played in the crime … prosecutors have ruled that this justified the attempted murder charge. Ortiz – who starred as one of the cross-country runners in the Disney film based on a true story, “McFarland, USA” – was arrested in late May and remains behind bars. The judge set his bail at $ 1,120,000. His family insist he is not guilty and try to increase his bail through crowdfunding. They wrote on the site: “Johnny is everything for our family. Johnny is doing everything to help the community and the Hispanic community in particular… he is in jail and fighting for his case for which he is innocent. “ The actor has also appeared in “Ali”, “American Crime” and “El Camino: A Breaking Bad Movie”. Ortiz has pleaded not guilty and has a preliminary hearing scheduled for Monday.