People v. Martinez CA4/3

I.

FACTS AND PROCEDURAL BACKGROUND

On August 15, 2022, Ruiz was walking with his friend Andre P. (Andre) on Spurgeon Street in Santa Ana. This area was within the territory of the Logan Street criminal street gang. Ruiz and Andre were both members of Logan Street. At about 3:17 p.m., a light blue Chevy Equinox pulled up next to Ruiz and Andre. Martinez was driving and was alone in the car. Martinez was a member of the Lopers gang, which is a rival of Logan Street gang. Martinez asked, “Where are you guys from?” Ruiz said he was from Logan Street. Martinez then fired one shot from a handgun through the passenger window and drove away. Ruiz was hit in the chest and died.

2 Police Investigation Later that day, officers spoke to Andre at the police station in a recorded interview. Andre was generally cooperative and described what happened during the shooting. Andre said the shooter was in his 30s and was wearing a grey shirt; however, he said the shooter was wearing a ski-type mask, which obscured his face. Police obtained video from a surveillance camera near the shooting. The video captured the shooting as Andre had described it. The shooter was wearing a grey shirt, but police…