People v. Guerrero CA2/5

I. BACKGROUND

A. The Offense Conduct and Criminal Charges On April 27, 2005, murder victim Ryan Dasalla (Dasalla) was standing 75 to 100 yards from Gabrielino High School with friend and classmate Joshua Navarro (Navarro). At the time, Dasalla was 17 years old and a senior at the high school. Navarro observed a maroon-colored vehicle approaching where he and Dasalla were standing. The vehicle stopped and its driver asked Dasalla, “Do you write?” After Dasalla replied, a “bunch” of men piled out of the vehicle—with one carrying what Navarro initially believed to be a “paint ball gun” and began fighting with Dasalla. Navarro fled, but when he heard gunshots, he turned back and saw Dasalla running and then falling to the ground. Dasalla died at the scene, and a later

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

2 autopsy revealed he sustained four gunshot wounds: one to the abdomen, one to each leg, and one to the head, the last of which was fatal. Marcellano Garza (Garza), who was visiting a relative who lived near the high school, witnessed the shooting. According to Garza, one of the assailants shot Dasalla three or four times with a black rifle and…