The People v. Perez CA4/2

FACTS

On December 12, 2009, a number of people congregated at a house in Colton,

occupied by Jane Doe 3, her sister Jane Doe 2, and Doe 3’s children. The sisters

socialized with members of Eastside Colton as well as with members of Northside

Colton. The people at the house that night included members of both gangs. The two

gangs were sometimes at odds and sometimes on friendly terms.

In September 2009, Daniel Rivera, an Eastside Colton member known as

“Clumsy,” was murdered. Colton police believed that a Northside Colton member named

Michael Montes, or “Red,” had killed Rivera, but as of the date of defendant’s trial,

Montes had not yet been charged with Rivera’s murder. Defendant was known to Colton

police as a member of Eastside. He used the moniker “Stomps” or “Stomper.” There

was a tribute area in the living room of Doe 3’s house, commemorating Rivera. The

tribute area had a photograph of Rivera, a photograph of defendant, and photograph of

defendant standing with Doe 3. The people depicted in the photographs were throwing

gang signs. Photos of defendant and others throwing Eastside gang signs were also found

on defendant’s cell phone after his arrest, as were…