People v. Aloe CA4/3

STATEMENT OF FACTS AND PROCEDURAL HISTORY

“Late one night in June 2012, Aloe was sitting in a van parked in Costa Mesa with Brian ‘Milky’ Evenson, Cathy E., and Lee, the van’s driver. Lee was there to perform some sort of work on a nearby parking lot. Cathy, who was friends with Aloe but who had only recently met Evenson and Lee, was homeless and temporarily living in Lee’s van with a friend’s dogs. As all

1 Subsequent statutory references are to the Penal Code unless

otherwise indicated.

2 four individuals were sitting in the van, Cathy noticed a revolver inside the van. “At about 2:00 a.m., Lee began unloading his tools and started to work on the parking lot. Cathy stayed inside the van, and Aloe and Evenson ‘took off.’ “Around 2:30 a.m., Augustin H. was bicycling home from work to his mother’s house in Costa Mesa, just around the corner from where Lee’s van was parked. When he was nearly home, Augustin noticed the motion- activated floodlight outside his mother’s house was shining into the alley. As he moved closer, he noticed a man, whom he later identified as Aloe, on the ground beside his mother’s car. “According to Augustin, he asked Aloe what he was doing there. Aloe…