People v. Rodriguez CA4/2

FACTS

The victim of one of the assaults for which Juan was convicted (the first assault

victim) testified that on May 28, 2012, a man and a woman were arguing in the street in

front of her house. The man then entered the gate of the fence surrounding her house,

saying, “East Side Verdugo” twice, with his hands up in a type of gang challenge gesture,

and, “You are in my territory.” This victim’s husband tried to push the man out of the

yard. The man was bald, was not wearing a shirt, revealing the tattoos on his chest, and

wore dark cut off shorts. Both on the stand and at the post-arrest show-up that night this

victim identified a picture of Juan as this man. At the show-up, Juan was wearing blue

Dickies shorts. The man asked the first assault victim and her husband where they were

from, which this victim interpreted to mean whether they belong to a gang. The husband

was able to get the man off of the property and this victim told the man to leave. The

man said, “Hey, homie. Hey, homie” and his companion ran up. The companion

screamed “East Side Verdugo” and tried to swing at the husband and this victim’s son.

He wore a white t-shirt and shorts like the ones that…