People v. Nunez CA2/6

FACTS AND PROCEDURAL HISTORY

Police responded to reports of a shooting on the fifth floor of Ventura’s Harbor Boulevard parking structure in the early

2 morning of January 18, 2020. They found Emmanuel “Manny” Hernandez on the ground holding his unconscious brother, Alejandro “Alex” Hernandez. Alex2 was bleeding from the head. As they waited for an ambulance, Manny told officers that he, his brother, and several friends were hanging out in the structure when a red Mustang pulled up next to them. He saw Alex and two others approach the driver’s side window and begin talking to the driver and passengers. Someone inside the car fired several gunshots out the window. Alex fell to the ground and the car drove out of the structure. Alex died at the hospital from a single gunshot wound to the head. A second victim, Joel Landin, was treated for a bullet wound to his shoulder and powder burns on his face. A California Highway Patrol officer overheard radio traffic about the shooting while performing a traffic stop near an offramp of the 101 freeway. He saw the suspect’s car exit and followed it into Oxnard. The pursuit continued until the car’s driver lost control and stopped. Appellant…