People v. Savala CA2/3

BACKGROUND

Viewed in accordance with the usual rules of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Introduction. Defendant Savala killed two unarmed men after learning they belonged to a rival gang. Savala had gone to a house in neutral territory to pick up a friend and he stayed to drink a beer. The two victims, Diego Vargas and Benjamin Renteria, arrived by truck shortly thereafter. There was a brief verbal exchange acknowledging their mutual gang animosity. One of the victims went to park the truck down the street. As the victim was walking back toward the house, Savala rushed up and shot him in the face and chest at close range. The other victim tried to flee, but Savala chased after him and shot him seven times. Savala fled the scene and the gun was never found. 2. The eyewitnesses. a. Juan Padilla. Juan Padilla testified he spent the day of the shooting, March 31, 2008, with Savala. Padilla knew Savala as “Player,” a member of the Orchard Street gang. Padilla himself was not a gang member. On that day, Padilla and Savala drove in Savala’s car to somebody’s house “to hang out” and “party.” There were five or six…