People v. Hernandez CA2/6

FACTS

On December 31, 2009, Javier Rodriguez was hosting a New Year's Eve party at his home. Attending the party were Silvia Galvez, the mother of Hernandez's two children. Also attending were the children and Michael Espana. Hernandez was across the street attending a gathering at his uncle's house. Hernandez and Galvez were estranged. When Hernandez saw Galvez, he asked if he could see his children. Galvez said "No," because Hernandez was drunk. Hernandez was wearing a shirt with a picture of an owl and the words, "Night Owl." The night owl is a symbol of the Basset gang. After midnight, Espana decided to walk home, about a half mile away. Espana was drunk and Rodriguez wanted to drive him home. Espana refused Rodriguez's offer and began to walk. Rodriguez walked with him. As they walked, the two men argued loudly about Rodriguez driving Espana home. Hernandez and Ogura were standing in the driveway of Hernandez's uncle's home when Espana and Rodriguez walked by, still arguing. Rodriguez knew Hernandez because of Hernandez's prior relationship with Galvez. Rodriguez had seen Ogura in the neighborhood a couple of months prior, but they had not…