People v. Matias CA6

I. FACTUAL BACKGROUND2

On the evening of March 18, 2010, Salinas police officers responded to a report of a shooting. At the scene, the officers encountered the victims, victim 1 and victim 2. Victim 1 had gunshot wounds to the chest and both arms. While being transported to the trauma center, victim 1 told officers that he recognized the shooter but could not identify him by name. According to victim 1, a vehicle driven by the shooter and carrying a female passenger had pulled up next to his vehicle, the driver made a hand gesture associated with the Hebbron gang, and then the driver shot him. Victim 2, who was unharmed, told officers that a vehicle occupied by a man and a woman had pulled up next to the vehicle in which he and victim 1 were driving. The male driver looked at them, yelled, “What?” and “Hebbron,” and then shot at their vehicle. Victim 2 said that he recognized the shooter as an employee of a nearby grocery store, but that he did not know the man’s name. Officers identified several bullet holes in the driver side door and the front windshield of the victims’ vehicle. They found five shell casings in the roadway where the victims reported the shooting had…