People v. Navarrete CA2/5

Facts In the evening of August 14, 2010, Angel Medina drove his family and Rodolpho Melendez to a party near 84th Place and Main Street. Melendez was a member of the 18th Street gang. The party was in territory claimed by a rival gang, Sur Trece. From the party, Medina drove Melendez to pick up his car so that Melendez could leave the party when he wished. The two drove back to the party separately. As Medina turned onto 84th Place, he saw Melendez parked in front of a tire shop near Main Street. This

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

2 location was across the street from a Sur Trece hang-out. Medina drove past Melendez’s car and noticed two Hispanic men walking across the street toward Melendez’s car. Medina pulled over and saw the men go up to Melendez’s car. One man wore a dark shirt and a baseball cap and the other was bald and wore a striped shirt. The man in the striped shirt knocked on the car window. They then appeared to be talking with Melendez. One of the men made a gang sign. Medina then heard a gunshot. The two men ran back across the street. The man wearing the cap handed an object to the man wearing the striped…