In Re Danny E.
People v. Danny E.
Opinion
Opinion
Spencer, J.
Introduction
Danny E. was declared a ward of the court (Welf. & Inst. Code, § 602) upon the finding that he had participated in a voluntary man slaughter (Pen. Code, § 192, subd. 1) in which a firearm had been used (Pen. Code, § 12022, subd. (a)) after which he was committed to the California Youth Authority. He appeals the order of wardship and commitment.
Statement of Facts
At approximately midnight on October 31, 1979, Abraham Gonzales and a group of his friends were walking on Hoefner Avenue in East Los Angeles when they were attacked by members of a rival gang, the VNE. The attackers had arrived in a certain 1964 Chevrolet that was later abandoned at the scene. They utilized tire irons, jacks and a rifle in the course of the assault. With the latter weapon Gonzales was fatally shot in the face while another youth was seriously wounded in the leg.
Officers investigating the incident were advised by witnesses that certain members of the attacking group also had beaten a friend of Gonzales, one “Chito,” some 15 minutes earlier at a Halloween party being held at a nearby residence. These witnesses informed the officers that appellant had participated in Chito’s…