People v. Velasco CA2/8

FACTS AND PROCEDURE

Velasco, a gang member, admitted to shooting rival gang member Juan Avila. Avila died of a gunshot wound to his chest. Immediately before the shooting, Velasco was a passenger in Jonathan Hernandez’s1 car and saw Avila standing across the street. Defendant testified Hernandez made a U-turn; defendant exited the car; defendant said “fuck you” and shot Avila. According to defendant, just prior to shooting, Avila was holding a bag and “was trying to open up a door to the carwash.” After the shooting, defendant told his cousin that he killed Avila. On February 28, 2013, defendant received a text message indicating “[y]ou hit that foo [sic] four times mahboy [sic] and he died when he got to the hospital.” The phone did not show who wrote the text message. Defendant threw away the gun he used to kill Avila because he did not want it traced back to him. Jesse Hibbler observed the shooting. He saw defendant exit a car after the car made a U-turn. Defendant had a gun in his hand when he exited the car, and defendant shot Avila approximately five times. According to Hibbler, after the shooting defendant “gave [the] driver [(Hernandez)] . . . a high-five.” (At trial,…