People v. Hinojosa CA2/1

BACKGROUND

The Shooting Around 10:50 p.m. on April 28, 2011,1 Anthony Ramirez parked across the street from the Sylmar home of John Rios in order to visit his friend Jose, who was in turn visiting Rios. Ramirez’s brother, David Gaxiola, was in the passenger seat of Ramirez’s car. Ramirez had previously been a member of the Pacoima Knock Knock Boys gang, and he knew that the rival San Fer gang claimed the area they were visiting as part of its “turf.” Ramirez was not dressed in gang-type apparel and wore a long-sleeve shirt that covered his tattoos. Gaxiola had never been a gang member and did not associate with gang members. According to Rios, Jose was a gang member. As Gaxiola was getting out of the car and before Ramirez could do so, a white Chevy Tahoe SUV pulled up alongside the driver’s side of Ramirez’s car, with the window of the Tahoe’s front seat passenger aligned with Ramirez’s window. The Tahoe was higher than Ramirez’s car, which was a Saab station wagon, and the interior of the Tahoe was dark, whereas the light was on inside the Saab because the passenger door was open. Ramirez could nonetheless see the Tahoe’s driver and passenger clearly. Ramirez

Undesignated…