P.

FACTS AND PROCEDURAL HISTORY

I. The Crime

Hector Perez (Perez) was fatally shot in an alleyway in Santa Maria, California.

1 For the sake of clarity, we use their first names. 2 All statutory references are to the Penal Code unless otherwise specified. Minutes before the shooting, Alexis saw Perez in the alleyway. The two got into a verbal argument over the volume of Perez's car stereo. Alexis was a member of the West Park street gang, and the alley was claimed as West Park gang territory. When the argument was not resolved to Alexis's satisfaction, he sent off a flurry of text messages. He told one gang member, Javier Mendez, to bring him a knife. When Mendez could not, Alexis sent him a message stating: "Come by fool we going to do something right now." At the same time, Alexis told Dennis—his brother and also a West Park gang member—that a member of a rival gang was in the alley, even though Perez was not a gang member. Alexis also informed his girlfriend that he was "about to beat some fool right now." Dennis did not rush to Alexis's aid; instead, he took the time to borrow a gun from another gang member before coming to the alley. Within minutes, the alley…