People v. Urbina CA2/1

FACTS AND PROCEEDINGS BELOW

Eddie Ochoa, a member of the Lott 13 gang, was shot and killed on or about the night of September 18, 2008, on the sidewalk in front of his apartment building. His girlfriend, Patricia Munoz, testified that she and Ochoa had been arguing loudly when they heard a male voice calling Ochoa to come outside. Munoz did not recognize the voice. Ochoa left the apartment saying that he would be right back. A short time later Munoz heard gunshots and rushed out to the street where she found Ochoa lying on the ground. She saw no one nearby. Munoz died at the scene. Two persons who lived across the street from Ochoa told police that they were pulling out of their driveway that evening when they saw Ochoa standing on the sidewalk talking to two men they did not recognize and never identified. As they drove away they passed a black Chrysler with chrome rims parked in a dirt lot. They had never before seen that car in the neighborhood. They next heard gunshots and sped off. Detective Robert Gray investigated Ochoa’s murder. Early in his investigation Gray learned that two days before Ochoa was killed he head-butted the 14-year-old nephew of another Lott 13 gang…