P.
P. v. Gutierrez CA2/1
Opinion
Opinion
FACTS
Prosecution Evidence A. The October 7, 2007 Murder in Count 4 At approximately noon on October 7, 2007, Freddy Contreras encountered his friend Stanley Garcia near the intersection of Sunset Boulevard and Grand Avenue. They bought beers at a liquor store and went to a park. Afterwards, Contreras and Garcia parted ways near the corner of Alpine Street and Grand Avenue. As Contreras walked away, he turned around and saw a black SUV with a chrome grill pull up next to Garcia on the passenger side. Contreras saw only one person, the driver, inside the vehicle, and he later identified him as defendant. As Contreras stood watching, he heard defendant ask Garcia, “Where are you from?” Garcia responded, “Alpine Street,” a reference to the Alpine gang to which he belonged. Defendant‟s hand came up and he shot Garcia with an automatic weapon three or four times. Garcia fell to the ground. Defendant “took off.” Defendant was wearing a black baseball cap with “Sox” written on it. Stuart Wilson was in a nearby residence when he heard three gunshots. He ran toward the scene and saw Garcia on the ground with two bullet wounds. Wilson made a tourniquet with his belt around Garcia‟s arm.…