P.

FACTS AND PROCEDURAL HISTORY

Barrera and Reyes are members of the Westside Varrio Lampara Primera (VLP) street gang in Lompoc, California. On January 14, 2009, fellow gang member Kevin Sullivan (Sullivan) drove them to rival gang territory, where they shot Daniel R., a 14-year-old, in the back. At the time of the shooting, Daniel was alone, unarmed, and standing near his scooter. Daniel had recently been "jumped in" to the Southside gang. When Daniel saw people he did not recognize, he whistled and raised his hands in a gesture asking Barrera, Reyes, and Sullivan why they were in his neighborhood. Barrera and Reyes answered by shouting, "Westside," and opening fire on Daniel. One of the bullets struck Daniel in the back, and another grazed him; he died from his wounds soon after. Shells recovered at the scene came from two different .22-caliber rifles. Forensic tests were unable to determine from which weapon the fatal shot was fired. After his arrest, Reyes asked to speak with police. He admitted to supplying Barrera and another gang member with a .22-caliber rifle right before the shooting, but stated he did not know why they wanted it. Reyes also denied being at the scene of…