People v. Reyes CA2/5

Facts On September 18, 2006, the body of Nicholas Ramirez (“Nick”) was found in the trunk of his Honda, which was parked in the bushes about 80 feet from Avenue Q in

1 All further statutory references are to the Penal Code unless otherwise stated.

2 Littlerock. Nick was lying on his right side with his wrists tied behind his back. A cloth and some tape was tied around his mouth. Los Angeles County Sheriff’s Deputy Leo Lane observed nine bullet holes in the trunk of the Honda. An autopsy later showed that Nick had died on September 16, 2006. When the investigating officer, Detective Eddie Brown, notified Nick’s family of his death, the detective learned that Nick had been at a party on the night of September 15 and was not seen by his family after the morning of September 16. The party was held to celebrate the 21st birthday of Jesse Ramirez (“Jesse”), Nick’s brother. It took place in the garage of Jesse’s friend Jaime Garcia. Also present at party were Javier Esparza, Martin Guzman, Claudio Bernardino, Nick’s friend, Tasha Wilmes. Jesse stated that he got into a fight with Esparza at the party. Garcia pulled Jesse away and calmed him down, but the atmosphere remained “tense.”…