People v. Hernandez CA4/2

FACTS AND PROCEDURAL HISTORY

Juan Arriaga, the victim, had known defendant and defendant’s brother, Luis, for a

few years. In 2012, the three men planned to start a business selling and installing

security camera systems. Defendant and Luis gave Arriaga $10,000 to purchase the

necessary equipment, and Luis lent him $3,000 to repair Arriaga’s car, after it had been

damaged in an accident. Arriaga agreed to repay the $3,000 to Luis in three installments.

Arriaga put the cameras and other components together, and he was the installer for the

business. The camera system equipment was stored at Luis’s house. Defendant and Luis

also gave Arriaga a mobile telephone for use in the business.

2 After working with defendant and Luis for several months, Arriaga wanted to quit.

He had grown increasingly uncomfortable about the practices of the business. In one

instance, Arriaga discovered that a security camera had been installed on a premises

without the consent of all the parties. Another time, defendant and Luis told Arriaga to

go into a business and onto the premises and remove all the cameras. Arriaga was

concerned that he was being asked to do something illegal.

In…