People v. Rogel CA4/3

FACTS

On October 29, 2011, Nicholas Soto, his pregnant wife, Rebecca Vega, Rebecca’s father, Frank Vega, and her mother, Nicole Martinez, attended a Halloween party at a house on North Carol Street in Anahiem.1 This is an area in Anaheim not known to be in any criminal street gang’s claimed territory. The party was large and loud, and Soto’s family spent most of their time standing together near a small backyard patio that people were using as a dance floor. Frank, who was wearing a full-body gorilla costume with headdress, said the party had music, a disc jockey, and beer. About an hour after Soto and his family arrived, a group of young men walked into the backyard. Someone at the party told Soto they thought the young men were uninvited Underhill gang members. Sometime later, Rebecca and Soto saw two young men groping Martinez while she tried to dance. Soto intervened and the two young men engaged him in a cursing match. One of the young men yelled to Soto, “You don’t know who you’re messing with.” The verbal exchange turned physical, and a group of partygoers gathered around the combatants. When the dust settled, Soto discovered he had been stabbed in the elbow and right rib…