People v. Bautista CA4/3

FACTS

Late in the afternoon of October 17, 2004, defendant shot and killed Alex Rodarte in an alley behind an apartment complex. The prosecution presented evidence that defendant and Rodarte belonged to rival criminal street gangs; defendant a member

2 of Boys From The Hood while Rodarte belonged to West Side Anaheim. The shooting occurred in an area claimed by a street gang aligned with Rodarte’s gang. Initially, however, the police were unable to identify the shooter. In several interviews conducted over the succeeding years Melissa Pinto-Solis (Solis), a tenant in an apartment building adjacent to the alley at the time of the shooting, gave the police inconsistent statements about what she saw and heard that day. At trial, Solis testified that, while throwing out some trash, she saw a green-colored Honda Civic occupied by two females and two males parked in front of her building. A man stepped out of the front passenger door and passed by her as she returned to her apartment. Shortly thereafter, Solis heard a gunshot. Leaving her apartment, Solis saw the same man walking away from the alley. He was holding a gun and had a blue or dark-colored bandanna covering his face. The…