People v. Suchite CA2/1

FACTS AND PROCEEDINGS BELOW

Ezequias Guzman testified that at approximately 1:00 a.m. he and his nephews Eric Salvador, Efrain Martinez and Joaquin Lopez drove to a taqueria on Pico Boulevard. As they sat at an outdoor table eating their tacos, defendant and two other men arrived together. While the other men went to order food defendant began shouting that “if somebody wanted to fight with him to stand up and fight with him.” Defendant approached a man who was sitting at a table eating and asked the man: “What are you looking at, you fool?” The man replied that he was not looking at defendant; he was just having dinner. Defendant told the man not to look at him “otherwise I’m going to put two bullets into your head.” Defendant also announced: “I will kill anyone who messes with me.” As defendant said this, Eric Salvador got up from the table and raised his hand to wipe his mouth. Defendant pulled a gun out of his pants pocket and shot Salvador from a distance of three to five feet.

2 After shooting Salvador defendant ran onto Pico Boulevard. Efrain Martinez chased defendant and grabbed him by his shirt. The two men struggled. Guzman heard two shots in quick succession and then…