People v. Ruiz CA2/5

I. BACKGROUND

A. The Offense Conduct In July 1999, defendant was housed in the Los Angeles County Men’s Central Jail in a cell with Ronnie Pintor (Pintor), Josue Felix (Felix), Sergio Cortez (Cortez), Ramon Sandoval (Sandoval), and victim Mauricio Avalos (Avalos). Late that night, two Los Angeles County Sheriff’s Department deputies went to the their cell to check on Avalos’s welfare. When the two deputies arrived at the cell, defendant was standing at the front of the cell, with Pintor just behind him. Avalos was in the back of the cell, and Felix, Cortez, and Sandoval were behind defendant and Pintor. One of the deputies, Deputy Alvarado, told the men that Avalos had a pass

1 Undesignated statutory references that follow are to the Penal Code.

2 to leave the cell. Defendant replied that Avalos was “not going anywhere.” Deputy Alvarado asked again for Avalos to come out, but that second request also went unheeded. Deputy Alvarado then left to get a sergeant. Before that happened, two other deputies, Garcia and Rudd, reported to the same cell. By the time they arrived, Avalos was on the top bunk on the far right of the cell. Defendant and Pintor were still standing facing…