People v. Vilchis CA4/3

FACTS

Nathaniel Avalos In September 2009, Nathaniel Avalos (Nate) celebrated his 19th birthday with a backyard party at the Buena Park home of his mother, Juanita Arriola, and his stepfather, George Springer. There was a disk jockey and 30 to 100 partygoers present. Ingress and egress were through the side gate to the yard. Everyone at the party, Hispanics, Asians, Whites, and Blacks, were friends of Nate’s or friends of friends.

All undesignated statutory references are to the Penal Code.

2 No gang activity took place at the party. Then, around midnight, a number of uninvited people arrived. Nate said “probably six” bald Hispanic males wearing plaid Pendletons and baggy shorts entered the backyard. A woman may have entered with them. They stood out among the college students attending the party. Shortly after they got there, they made racists remarks to Nate’s Black friends. According to Nate, the intruders who looked like gang members were “just itching for a fight . . . or something.” Bottles were thrown and gang names were called out. Arriola and Springer “had enough” and made the uninvited males leave. Nate’s parents attempted to “herd[]” them out, when Arriola was hit…