People v. Gutierrez CA4/1

FACTS

At about 3:00 a.m., on April 27, 2008, Fernando Meza, a resident of the

Casablanca area of Riverside, was awakened by the barking of his dog in the backyard.

When Meza went to investigate, he saw Gutierrez on the opposite side of the rear wall of

the yard spray painting the wall with graffiti; another man was watching him. The

graffiti included "Negro," which is Gutierrez's gang moniker.

Meza told Gutierrez and his companion to go home. Gutierrez indicated to Meza

that he was a member of the Casablanca street gang and Meza should not be telling him

to go home. Gutierrez took out a gun, put it to Meza's forehead and told Meza he should

go to sleep if he did not want to be killed. Meza told Gutierrez to do what he had to do.

Gutierrez sprayed Meza's face and neck with the spray paint.

By this time, Meza's wife had entered the backyard. Gutierrez told her to take

Meza away if she did not want to see him dead. Meza's wife told Meza, "Let's go." He

complied and the couple went inside. As Meza was walking to the house, Gutierrez said

if Meza called the police, he would come back and kill him.

3 Meza called 911. While on the phone, Meza…