Aldo Sainez v. George W. Venables

I. BACKGROUND

On the evening of June 26, 1999, Daniel Sandoval Abundis

1 Although the Ninth Circuit has titled this case as “Sainez,” we will refer to the appellant as “Crotte,” to conform to the briefs and record. CROTTE SAINEZ v. VENABLES 15797 (Sandoval), Julio Cesar Sevillano Gonzalez (Sevillano), and other young men confronted Crotte’s gang, “Los Tejones.” A violent altercation ensued; Sandoval was shot and killed; and Sevillano was injured. Several witnesses gave signed, sworn statements describing the events.

Sevillano’s first statement to authorities related that he and a group of twenty others arrived at Crotte’s residence to defend Sandoval, whom the Los Tejones “had been bother- ing” a couple days earlier. Sevillano identified Crotte as the shooter of both Sandoval and himself.

Sevillano’s subsequent statement reflected that he and his friends wanted to confront Los Tejones because Crotte had shot at them with what appeared to be a revolver on June 24, 1999, although no one was injured on that date. Sevillano rep- resented that on June 26, his group went to Crotte’s residence unarmed. He explained that Crotte ran out of the residence “holding the…