People v. Perez CA4/3

FACTS

Abin Delgado, a member of a criminal street gang called KD, was killed in a fight involving members of his gang against members of its enemy, a criminal street gang called OCK. Defendant, who was 17 years old at the time, was a member of OCK. The fight may have involved as many as 40 men and the exact sequence of events is

2 confusing. As interpreted by appellant, “Delgado started a fight with [Fernando] Solorzano from OCK who was walking with some women. The fight concluded. Delgado sought out his fellow KD members and re-approached Solorzano and the women. One of the women called out to Bryan Lopez who was ‘partying’ with his OCK friends. The OCK group and the KD group started fighting.” Defendant was one of the participating OCK members. Delgado suffered a number of injuries, including blunt force trauma to his shoulders and head. The trauma to his head included severe brain injury, a skull fracture, and subarachnoid hemorrhage. He died shortly after having been transported to the hospital. John Varona, another KD member, also suffered serious injuries. He received a laceration to his head, abrasions to his face, several stab wounds to his back, a puncture wound to his…