Garcia

I.

Factual Background

In the early morning hours of August 9, 1992, Jorge Verdin Mendez (Verdin) was driving east on Ralston Street in the City of Ontario. In the car with him were Manuel Rios, Marcos Rios, and Jesus Rios. As Verdin slowed down for a stop sign at the intersection of Ralston and Euclid Avenue, defendant Francisco Garcia (defendant) walked from the garage of a nearby house, down the driveway, and up to Verdin’s car.

Defendant pulled out a gun. He told Verdin and the others to get out of the car, but no one in the car moved. Defendant then shot out the left rear window of the car. Manuel Rios, who was sitting in the backseat next to the window, ducked; glass fell on his head, but he was not hurt. Defendant reached into the car, turned off the ignition, and took the keys. Now everyone got out of the car. As Verdin got out, defendant kicked him in the face.

Verdin and Manuel Rios were wearing neck chains; defendant pulled the chains off, breaking them. At this point, two to four other men came down the driveway and joined defendant. One of them had a knife. The one with the knife asked Marcos Rios for money; when Marcos said he had none, he took Marcos’s…