People v. Phung CA4/3

FACTS

Background Detective Peter Vi testified as an expert witness on the subject of criminal street gangs. Vi had been assigned to the gang unit of his department for 18 years. Vi talked about gangs generally, indicating “[t]hey use violence, intimidation to gain . . . respect.” Firearms “elevate the status” of the individual employing them because it gives the individual more power. A “hit-up” occurs when a gang member asks another individual a question (such as “where are you from, what gang you claim, do you 1 All statutory references are to the Penal Code.

2 bang”), which oftentimes serves as an invitation or prelude to a violent confrontation. Gang members “claim” their membership in the gang during confrontations because of pride in their gang and to inform the victims of who is behind the attack. If a gang member or gang has been disrespected by a rival, retaliation of equal or greater measure must occur to regain the lost respect. Gang members are expected to support each other in violent confrontations and are subjected to punishment from their own gang if they fail to live up to their responsibilities. “Backup” in confrontations with rival gangs is very important…