People v. Beuchel CA2/8

FACTS AND PROCEDURE

Defendant was a member of the Pinoy Real gang. On January 12, 2012, late at night, he walked with his friend Benjamin Tan from his grandmother’s home to a nearby store. En route, defendant shot and killed rival Temple Street gang member Cesar Gonzalez. Gonzalez died of multiple gunshot wounds. An autopsy showed that Gonzalez’s blood alcohol level was between 0.16 and 0.2 percent (depending on the location of the test), and he tested positive for a byproduct of methamphetamine. Two eyewitnesses, Maria Fernandez—Gonzalez’s girlfriend—and defendant’s friend and codefendant Tan testified at trial. 1. Maria Fernandez Fernandez testified that on January 12, 2012, as they waited for a bus, Gonzalez removed his hat, revealing tattoos of horns on his head. Fernandez asked him to cover his head to hide the tattoos. Fernandez’s testimony was inconsistent as to whether Gonzalez complied with her request. As Gonzalez and Fernandez waited for the bus, Gonzalez asked an unidentified man “where are you from,” which is jargon for asking him whether he belonged to a criminal street gang. Gonzalez told the man that he was from Temple Street (referring to the name of his criminal…