People v. Lopez CA5

STATEMENT OF FACTS

I. Prosecution’s case-in-chief

a. Testimony of R.G. R.G. is Gonzalez’s brother. In the small hours of February 4, 2023, R.G. and Gonzalez were working as security guards at a gas station across from a nightclub. They were responsible for collecting fees from nightclub patrons parking at the gas station and watching their vehicles. At approximately 1:30 a.m., Gonzalez was “sitting in front of the store with his back against the store” and R.G. was “sitting next to one of the gas pumps” when the latter heard multiple gunshots in rapid succession. R.G. saw “a man standing” “at the end of the alley” “shooting towards” Gonzalez. The perpetrator had a black firearm and was wearing “a blue-checkered jacket and a mask.” Gonzalez arose

1 Subsequent statutory citations refer to the Penal Code.

2 Because defendant and the victim share the same first name, we hereafter identify the victim by his surname to avoid confusion.

2. and then collapsed to the ground. He sustained numerous gunshot wounds and would succumb to his injuries. “A couple of months” before the shooting, R.G. and Gonzalez were on duty when a man parked a dark-colored sports utility vehicle (SUV)…