People v. Guerrero CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts

In August 2020, Guerrero and Navarro were members of the Whittier 13 street gang. On August 17, 2020, they drove into the territory of a rival gang, Southside Whittier. Guerrero drove his black BMW; Navarro was the passenger, and brought along his .40 caliber handgun. Although they initially were looking for members of the Pico Nuevo street gang, they drove past a man standing in front of a liquor store who flashed them a Southside

2 Whittier gang sign. Guerrero circled the block three times before stopping his car behind a taco truck, at which point Navarro opened the passenger door, put both of his feet on the ground, asked the man “Where are you from,” and when he said “Southside,” opened fire on him. Guerrero then sped off with Navarro. They wore medical-style masks and latex gloves, burned their clothes after the shooting, and Navarro sold the gun to an out-of-state buyer. The evidence establishing Guerrero’s and Navarro’s guilt came chiefly from: -- Video. Surveillance video captured the BMW pulling up as well as the shooter stepping out of the car and opening fire. -- Locational information from Guerrero’s cell phone.…