People v. Andrade CA5

FACTS AND PROCEDURAL HISTORY

On the afternoon of September 4, 2010, Andrade, then 19 years old, drove up to the home of Randy Henson and his sons Eric and Tommy Henson on Frank Avenue in Dos Palos. With Andrade was his brother-in-law, 15-year-old Isaac E. Isaac drew a gun and fired at the three Hensons, who were on the front porch. Tommy Henson was killed and Randy Henson was wounded in the leg. Andrade and Isaac were Sureños gang members. Eric Henson was a Norteño. Two Sureños, Juan Avalos and Leonel Medina, were friends of Andrade’s and had Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).

2. recently been murdered. Eric Henson was once a suspect in those murders, but three other Norteños were eventually arrested instead. Andrade and Isaac were arrested the day of the Henson shootings. The gun that fired the bullet that killed Tommy Henson was in Andrade’s car. Isaac admitted to being the shooter and said the shooting was payback. Andrade admitted he drove Isaac to the scene of the shootings, but denied knowing Isaac had a gun or planned to shoot anyone. The district attorney filed an information charging Andrade with four counts: (1) murder of Tommy Henson (Pen. Code,…