People v. Molina CA2/8

FACTS

1. The Crimes and the Investigation On February 20, 2011, Omar B. and his brother, Pedro G., were visiting the home of their longtime friend, Leonardo C. Omar B. and Pedro G. lived about 20 miles away, and had visited Leonardo C.’s house only a few times during the past two years. The three men had been watching a soccer game with Leonardo C.’s family, and left the house to walk to a market on Valley Boulevard to buy some groceries. They were south of Valley Boulevard, returning from the store and walking through an alley around 4:00 p.m., when they were confronted by defendant and another man, standing at the other end of the alley. (Valley Boulevard is the southern boundary of El Sereno gang territory, and the area south of Valley Boulevard is territory of a rival gang, Metro 13; there is “constant feuding” between the two gangs.) Defendant yelled out, “Where you from,” which Omar B. understood to mean “from what gang were we.” Defendant was holding a weapon with both hands, his arms fully extended, and was wearing a baby blue baseball cap. No one answered when defendant asked “where you from” (Omar B. was not a gang member) and defendant immediately started shooting,…