People v. Nava CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In the early morning hours of January 22, 2023, Diego and his uncle Francisco were spending time inside a bar when a fistfight took place, during which Francisco was punched. The man who punched Francisco, along with his companions, then exited the bar. Francisco and Diego followed the men outside. The fight inside the bar, along with the ensuing events on the street outside the bar, were recorded on multiple surveillance video cameras. The videos show that, once outside, Francisco pointed a firearm at one of the men who had exited the bar. Francisco next moved toward some of the other men. He punched one of those men and then fired a gun toward at least one other man. The videos show that Diego shot multiple times at the man toward whom Francisco had first pointed a gun. Two of Diego’s bullets made contact with the victim. One wound was to the man’s head; the other was to his left thigh. The man survived the shooting but incurred serious injuries. The muzzle flashes shown on the video indicate that Diego’s firearm was fully automatic, and statements made by Diego on his Instagram account corroborated that Diego possessed a fully automatic…