People v. Aboytes CA1/2

BACKGROUND

In May 2012, the San Mateo County District Attorney presented evidence to a grand jury regarding the fatal shooting of Julio Caesar Pantoja Cuevas on November 28, 2010. This evidence included testimony from the victim’s friend, Luis Ramirez, and three young women who said they were present at the shooting, and from Mario Cazarez and Alexander Guevara, who said they also were present and had participated in the events that led up to the shooting. The evidence indicated that defendant had participated in the events leading up to the shooting as well. The grand jury was also read testimony

1 by defendant before a grand jury in August 2011, in which he denied the allegations against him. Specifically, evidence was presented that defendant, 19 years old when he testified

in August 2011, was a member of the Norte os gang since 2007. His group of Norte os centered its activities around Vera Avenue in Redwood City, California, and often gathered at the Vera Cash Market. Defendant was a senior member of the group and would give orders to the younger gang members.

According to Cazarez, Norte os gang members were required to be involved in

crimes and other activities. Also,…