The People v. Rocha CA4/3

FACTS

Defendant‘s sister, Maria, drove defendant, Ivan Sanchez and Humberto Rivera to dinner one evening. Defendant, aka ―Husky,‖ had just been released from juvenile hall three days earlier where he had been placed for consuming controlled substances and violating his probation terms, and he and Sanchez were members, and Rivera was an associate, of the Central Myrtle Street gang. Sanchez wore a Milwaukee Brewers hat, a symbol of the gang, which defendant also owned but did not wear that night. Seven months earlier, defendant told a police officer he had been ―kicking back‖ with the gang since he was 8 or 9 years old, that he was wearing the Milwaukee Brewers hat because he was proud to represent the gang, and would ―back up his homies against all his enemies.‖ Per gang expert Matthew McLeod, that meant ―he would do anything to support his fellow gang members in whatever criminal enterprise or endeavor they chose to undergo.‖ At the restaurant, located about 10 minutes away from Central Myrtle gang territory, defendant‘s group had an altercation with another group. Esteban Navarrete, his wife, niece, and niece‘s boyfriend sat at a table between them. A video recording showed…