People v. Loredo CA6

I. FACTS AND PROCEDURAL BACKGROUND3

On February 23, 2021, Cesar Moreno was shot in San Jose. He died from his injuries two days later. Immediately prior to the shooting, Moreno was at a cafe with his friend, Henry H. (Henry).4 Henry participated in an online video gambling game. Henry frequently met with people to receive payments for the game and often carried cash in his bag. When Moreno and Henry were together at the cafe, two men and one woman approached Henry. The men (one of whom was Loredo) were armed with firearms. Loredo tried to grab a bag of cash from Henry, and Henry attempted to run away. Moreno approached Henry, and Loredo and the other man fired their weapons at Moreno and Henry. Moreno was struck (including by bullets fired from Loredo’s gun) and fell to the ground. The woman who approached Henry at the cafe had arranged to meet him there and had helped plan the robbery. In October 2021, the Santa Clara County District Attorney filed a first amended felony complaint (complaint) charging Loredo and two codefendants, Jesse Sotelo, Jr. and Katherine Schmidt, with murder “with malice aforethought” (§ 187, subd. (a); count 1) and attempted robbery in the second degree…