P.

FACTS

On the morning of May 14, 2006, the body of Anastacio Torres was found in a

semi-secluded area of Desert Hot Springs. His hands were bound in front of him with

plastic zip ties and his body lay on top of a mattress pad and a blanket. He had been shot

twice in the chest.

In May 2006, a rumor began to circulate among a group of acquaintances that

Torres, known as “Taquito,” had raped Andrea Garcia, the girlfriend of defendant

Rodriguez. On May 12, 2006, defendant repeatedly asked Garcia if the rumor was true.

She denied it. During the course of that day and evening, defendant beat her, threatened

her with a handgun, tied her wrists with zip ties, and put her into a closet in their

apartment. He pointed the gun at her head and demanded to know if Torres had raped

3 her. Afraid of being shot, Garcia finally told him that Torres had raped her, although in

fact he had not done so. After Garcia had confirmed that Torres had raped her, defendant

cut off the zip ties and let her go.

On May 13, 2006, defendant and another man, later identified as Mingus

Chavarria, went to the apartment in Desert Hot Springs where Torres lived with his

girlfriend Amanda Valenzuela, her…