People v. Lesdesma CA2/1

BACKGROUND

1. Prior incidents Andres Solorzano operated a restaurant called El Infierno on Santa Fe Avenue in Compton. For about six months, a group, including defendant and five to seven other men, congregated on the grounds of an apartment building across the street from El Infierno. Members of the group drank liquor and yelled at Solorzano from across the street, saying they did not want Solorzano there. Defendant participated in this conduct and yelled that he wanted Solorzano to leave. Sometimes members of the group crossed the street to purchase liquor at a store in the same strip mall as El Infierno. This annoyed Solorzano and he tried to keep them from doing so. Solorzano had previously called the police about the group, and one time an officer came out, but Solorzano thought the officer “did not listen to” him. On April 19, 2013,1 Jose Garcia encountered Solorzano inside the liquor store near El Infierno and threatened to kill him. Solorzano had seen defendant and Garcia together “every day” in the group across the street, but defendant was not present when Garcia threatened Solorzano. Garcia’s “exact words” were, “‘We are already in agreement. We’re going to kill…