People v. Magallon CA2/6

FACTS

On November 20, 2011, Ramon Ruvalcaba was at home at approximately 3:00 p.m. on a rainy day. He heard three gunshots. As he walked toward the back of his home, he heard five more shots. As Ruvalcaba looked out the window of his home, he saw a person wearing a gray hooded sweatshirt standing in the alley. The sweatshirt had no logo on it. The person had one arm extended as shots were being fired. Initially, Ruvalcaba could not tell whether the shooter was male or female. He did not see anyone else in the alley. The shooter ran down the alley toward Ruvalcaba's home. From a distance of 20 feet, Ruvalcaba could then see the shooter's face. He recognized the shooter as Magallon, a woman he had seen in the area at least twice a week. She had a semiautomatic handgun in her right hand. Magallon had her hair pulled back into a ponytail. Although, her tattoos were not visible at that time, Ruvalcaba knew from seeing her on prior occasions she had tattoos of lips and a "W" on her neck. Ruvalcaba later identified Magallon in a photographic lineup. When the police arrived, they found Richard Rodriguez on the ground in the alley between a van and an apartment building. He had…