People v. Yepez CA2/8

FACTS AND PROCEDURAL HISTORY

At around 7:00 p.m. on June 29, 2012, John M. was playing kickball on St. Elmo Drive with his daughter and several other children.1 John was a former member of the Sureno 13 gang and that stretch of St. Elmo Drive was claimed by Sureno’s rival, the 18th Street gang. John saw 18th Street gang member Jose Gomez, known as Darky, riding a bicycle alongside a slow-moving tan or gray Ford Explorer. John had had several run-ins with Gomez over the years. As Gomez and the Explorer approached John, Gomez began shouting insults to the Sureno gang. John ignored the first three, but after Gomez hurled another insult, John responded in kind with insults to 18th Street. Gomez approached John and the mutual insults continued, followed by Gomez spitting on John, and John spitting back. Gomez walked toward the Explorer and then walked back toward John, who pulled out a small knife and held it at his side to protect his girlfriend and the nearby children. John and his girlfriend both saw the driver of the Explorer reach under the front seat. The driver then headed toward John, almost hitting the children before stopping. The driver’s side window was down and both John…