People v. Garcia CA4/2

STATEMENT OF FACTS

A. Prosecution Evidence

Defendant and Juan Garcia (Juan) were cousins who had once lived together.

When defendant raised the rent, Juan moved out and the two men had not spoken for

about a year until they met at a quinceañera party on April 6, 2013.

Juan attended the party with his neighbor, Nunez. Both defendant and Nunez

were drinking. Nunez testified that defendant insulted him, using a common slang

expression, “going to partir la madre.”2 Nunez was upset because his mother had died a

year earlier.

The men ran into each other again in the bathroom where defendant repeated

insulting statements. After the two men argued, Nunez challenged defendant to go

outside where Nunez hit defendant and knocked him down before returning to the party.

Soon Nunez left the party with Juan. Nunez went home to his trailer.

Later, Nunez heard banging, yelling, and noises close to his trailer. When Nunez

opened the door, defendant was standing two to three feet away. Defendant announced,

“I was looking for you” and fired a small chrome pistol. Nunez testified at trial he did

not see the gun until just before defendant started shooting.

Nunez was hit…