People v. Gray CA4/2

BACKGROUND

On October 9, 2009, defendant Andrew Gray (Andrew) called his brother Colin

Gray (Colin) to invite Colin over to hang out and drink. Colin went with Andrew to

purchase vodka and Kahlua, after which, the two men went to Andrew’s residence where

they drank shots and White Russians, and listened to music. While they hung out

together and drank, they decided to go to Corona and find some Hispanic people to fight.

Andrew said he was interested in “getting into it” with some Mexicans. Because neither

Andrew nor Colin drove, they called defendant Timothy Keiper to pick them up, telling

Keiper they wanted to go look for a fight. Keiper agreed to take them to Corona.

Keiper went to Andrew’s apartment with his girlfriend, Ariel Sesmas, where the

foursome drank together for approximately 15 minutes to a half hour, finishing off the

liquor. Then the group left to drive around Corona for a while. Keiper pumped up

Andrew and Colin with the plan of finding something to do, or someone to hang out with,

or a fight. They discussed a fight and a target in the car. As they drove, they looked for

Hispanics and gang bangers. Specifically, Andrew was looking for “dirty…