People v. Rivera CA4/2

STATEMENT OF FACTS

A. The Shooting

In 2007, on the night of August 4, Andrew Martin Kratt and his cousins, Gabriel

Dorame and Ronnie Godinez, were hanging out on the corner of 7th and Linden Streets

in Bloomington. Dorame, age 14, was playing with his scooter and Kratt and Godinez

were sitting on the curb and smoking marijuana. Defendant approached the three

cousins, walking quickly with his head down and his hands in his pocket. Defendant

wore a black hoodie sweatshirt and a black and white bandana covering his face, from his

chin to the tip of his nose.

Kratt offered defendant “a hit” of the marijuana, using a “joking” type gesture.

Defendant angrily demanded to know where Kratt was from. While still seated, Kratt

replied, “Compton. Tortilla Flats.” Defendant responded, “Fuck the fags,” fired four

shots at Kratt, and ran away. The cousins had all begun to stand up before the shooting

but Kratt was still sitting when he was shot.

When Sheriff’s Deputy Thomas Jolin arrived at the scene, Kratt was unconscious

and not breathing. The autopsy found Kratt had suffered three gunshot wounds and a

bullet severed his spinal cord. The bullet was lodged in the mid-chest and…