People v. Ugwuzor CA2/2

FACTS

Prosecution Case Surveillance video at a Big 5 Sporting Goods established that Dyranesia purchased a BB gun and ammunition on January 16, 2013, at 2:37 p.m. She was accompanied by Ugwuzor and another male. Ugwuzor was Dyranesia’s boyfriend. She provided her identification to make the purchase, paid in cash, and handed Ugwuzor the change. Between 10:00 p.m. and 10:15 p.m., Jose Aguilar (Aguilar) was walking on the sidewalk on Fairfax Avenue near 3rd Street in Los Angeles, talking on an iPhone 4. He noticed a single car parked on the street. It was a dark green, four-door Chevy,1 and its emergency lights were flashing. The rear passenger windows appeared to be tinted. As Aguilar walked past the car, he heard a voice tell him to turn around. When he turned, he saw a man pointing a gun at him. The man was approximately three feet away. He wore a black hoodie, and had a dark cloth covering the lower part of his face. His eyes and the top part of his nose were visible. In particular, his eyes stood out to Aguilar. Later, Aguilar was shown a six-pack photo display. Ugwuzor’s photograph was in position number three. Aguilar wrote that photograph numbers “[t]hree and five show…