People v. Herrera CA2/6

STATEMENT OF FACTS

On February 16, 2021, at around 12:30 a.m., David Robinson was in the area of 6th Street and Los Angeles Street when a shooting occurred. Robinson called 911. At the scene, Robinson told police he saw a Hispanic man exit a dark gray Ford by a blue tent. The driver asked Juan Jimenez and another man for somebody. The driver then fired about eight shots at Jimenez as Jimenez was running. Robinson described the suspect as about 5’8” or 5’9”, “[a]bout 185” pounds, and “probably” 42 years old, with “[r]eceding in the top” hair and a gray hoodie. Appellant’s DMV records indicated he was 41 years old in February 2021, 5’9”, and 185 pounds. In a March 2021 interview, Robinson said the shooter drove up in a car and asked for someone. A man walked up and looked before running. The shooter subsequently “asked for Juan or something like that . . . .” The shooter exited the car and chased Jimenez, shooting him in the back. When shown an array of six photographs that included both appellant and his brother, Mario Herrera, Robinson said it “[l]ooks like . . . it’s number two [appellant] to me.” Robinson did not identify appellant at trial. Surveillance video showed a black…