People v. Yin CA4/3

STATEMENT OF FACTS

Yin and John Saway (Saway) were members of the criminal street gang, “We Don’t Care” (WDC). WDC was allied with the criminal street gang, Tiny Rascals Gang (TRG). WDC and TRG were rivals with Hispanic street gangs in the area. On the night of the murder, a group of friends, which included members of TRG, got into an altercation with a Hispanic street gang. The TRG group was outnumbered so they retreated and called in “the big homies”—Yin and Saway, who arrived with loaded guns. The TRG group, including Yin and Saway, walked toward members of the Hispanic gang. Saway then pulled out a gun, said “hey, TRG,” and started shooting. Saway turned to Yin and told him to “get them that way.” Yin ran in the direction Saway commanded and fired his gun. The victim was shot as he ran away; he died at the scene. At some point, a member of the Hispanic street gang returned fire. Yin and Saway then fled in the car they had arrived in. There is no dispute it was Saway who shot and killed the victim. The day after the incident, Yin told his brother “they shouldn’t be getting fucked with and that’s what—and that’s what happened.” Yin said he shot at people, including the victim,…