People v. Lewis CA2/4

STATEMENT OF FACTS

A. THE PROSECUTION’S CASE

1. Events Prior to Defendant’s Commission of the Crimes on February 13, 2013

In May 2011, defendant was shot twice with “an AK-47 style, assault rifle.” Detective Mrakich of the Los Angeles Police Department (LAPD) was assigned to investigate the shooting. The detective visited defendant in the hospital while he was recovering from his wounds and asked if defendant could identify the shooter. Defendant, a member of the Bounty Hunter Bloods gang, declined to identify the man, stating that he could not be known “as a snitch” “or someone who cooperates with the police.” Defendant did, however, give Detective Mrakich a physical description of the shooter. Detective Mrakich explained to defendant that if the police identified the shooter, he would be required to testify at the shooter’s trial. Although Detective Mrakich and defendant had an “amiable” relationship at first, defendant became uncooperative as the investigation of his shooting proceeded. Several months later, the police identified Israel Jauregui, also a Bounty Hunter Bloods member, as the shooter. Jauregui matched defendant’s physical description of the shooter. Detective…