People v. Garcia CA2/5

I. Facts2

A. The underlying crime In June 2008, defendant and her then-15-year-old younger brother, Emilio, got into an argument that turned physical. Both threw punches, but defendant bit Emilio’s ear and told him, “I’m going to kill you.” Responding police officers arrested defendant. Later that same month, defendant told Emilio that she knew where an AK-47 rifle was hidden and led him several hours up a hiking trail in Chatsworth to its alleged location. Before they departed, defendant told Emilio to leave a note to his mother indicating he was at a friend’s house. When they reached the spot where defendant claimed the rifle was buried, defendant had Emilio start digging a hole to unearth the weapon. While Emilio was standing in the hole he had dug, defendant took out a knife and put it to Emilio’s neck. Emilio tried to run but tripped, and defendant stabbed him once in the back and twice in the stomach. They stayed on the trail for approximately the next hour, and when Emilio asked defendant not to kill him, she refused, telling him, “It’s time for [you] to die, to go to sleep.” Defendant then repeatedly slashed Emilio’s neck.

We draw these facts from our…