P.

FACTS

Dewey was a member of the Southside Montebello gang. Jose Luis Casillas was formerly an active member of the Eastside Paramount gang. On July 4, 2008, Santos Ramirez and Casillas went to a park to "view some fireworks." When they arrived, a man began staring at Ramirez. He appeared to be aggressive. Ramirez responded by stating, "What's up?" A second man approached. He "[g]ot in [Ramirez's] face" and said, "Don't be disrespecting my homie. This is my fucking vario." Ramirez replied, "I ain't from around here. I kick it on the east side." Someone hit Ramirez in the face. He fell to the ground and people began to kick him. Ramirez saw a handgun pointing at his head. It was not a revolver. He "took off running." Shots rang out. Casillas was shot in the head and he died. The man holding the gun was bald-headed and was wearing a white shirt. Four days later the police arrested Dewey. Dewey was charged with the murder of Casillas and the attempted murder of Ramirez by firing a "handgun." He was also charged with possession of a handgun by a felon on July 4th. He stipulated that he had a 2005 prior felony conviction. At trial, Carlos Vargas testified that on…