People v. Montes CA2/8

FACTS

Defendant is a member of the Varrio Norwalk gang. His friend, Anthony Zamora, is also a member. In March 2013, Zamora had robbed A.F. by putting a knife to her throat while she was working alone in her father’s store. The store is located in territory claimed by the Varrio Norwalk gang. In April 2013, A.F. testified at Zamora’s preliminary hearing. On May 25, 2013, defendant tried to convince A.F. not to testify further against Zamora. A.F. knew that defendant was coming; defendant’s girlfriend had warned her to be careful because defendant was going to talk to her about Zamora’s case. Defendant’s girlfriend told A.F. that she guessed Zamora “told [defendant] to go and talk to you and tell you not to go to court.” Over the course of the week leading up to May 25, A.F.’s father saw defendant in his shop five times, but defendant left without buying anything. On the morning of May 25, A.F.’s father saw defendant in the shop. He asked defendant if he needed anything; defendant left without answering. That afternoon, around 5:00 p.m., defendant finally got A.F. alone. It was closing time, and A.F. was in front of the shop, clearing off a round outdoor table filled with…