People v. Delosreyes CA4/3

FACTS

A. The Shooting Irma Hernandez and her daughters Erica and Michelle lived in an apartment in Fullerton, in Baker Street’s claimed gang territory. Michelle is an associate of the Baker Street gang. The girls shared a bedroom and on a nightstand was a notebook with “Baker Street West Side Fullerton” written on it. Hernandez was friends with Brittney Shropshire who also lived in the same apartment complex. Just prior to 1:00 a.m. on June 3, 2009, Hernandez, Shropshire, and Shirley Duarte, another friend of Hernandez’s, left Hernandez’s apartment and went to Crown Liquor to buy beer. The liquor store was within walking distance. While in the store, Raymond Escobedo, who was loud, drunk, and wearing an Anaheim Angels hat entered and approached Duarte. He made inappropriate comments to her, including telling her to pull down her pants. Duarte responded by slapping Escobedo. He attempted to slap her back. Thinking he had, Shropshire told him, “Don’t slap my home girl.” Escobedo said he was from Anaheim and Riverside—gangs in either city would be rivals to Baker Street—and “F. . . Fullerton. F. . . Orange.” He said he was going to “blast” the women, and reached toward his belt,…