The People v. Compian CA2/6

FACTS

Gustavo Nevarez knew Compian since Compian was 13 years old. Nevarez's brother and Compian had lived at the same address. Over the years Nevarez had seen Compian hundreds of times. On the evening of December 24, 2009, Nevarez celebrated Christmas with family members. Later that evening he went to Mario Cisneros's house at 220 Alpine Street. He knocked on the door. Cisneros did not answer. Nevarez saw Cisneros walking on the sidewalk near a neighbor's driveway. He called out to Cisneros, but Cisneros did not hear him because he was talking to somebody. Nevarez heard Cisneros say "Fuckin' rat. Damn rat. . . . . A rat, you are a rat." Compian was "following" Cisneros. He "cut across" a "neighboring yard" while pursing Cisneros. As Cisneros walked toward his residence, Compian was "walking behind him." Nevarez decided to walk to an area to wait for Cisneros. While walking, Nevarez heard gunshots. He saw Compian running away towards a car. Nevarez went to a relative's house nearby and told them to call an ambulance. He told his relatives that Compian had shot Cisneros. Nevarez went back to Cisneros and told him, "Hold on, hang in there, we're going…