People v. Cota CA4/1

FACTS

On the morning of April 21, 2015, Cota and Gallegos were in a hallway of a jail in

San Diego waiting to be transported by bus to San Diego County's South Bay Detention

Facility (SBDF). Gallegos had been a member of the Varrios Chula Vista (VCV) gang

for about 20 years but had decided to drop out of the gang. Cota was a member of the

Otay gang, VCV's main rival.

Cota showed Gallegos a tattoo that read, "Fuck Chupa," which Gallegos

understood to mean "Fuck Chula Vista." Gallegos took Cota's tattoo as a sign of

disrespect and a threat. Cota said to Gallegos, "Do you want it now or later?" Gallegos

indicated to Cota that he did not want to fight him. Gallegos sat behind Cota on the bus

and the two engaged in casual conversation on the ride to SBDF. Gallegos thought the

situation had "calmed down" and "everything was going to be fine."

When Cota and Gallegos arrived at the SBDF, they were placed in a holding tank

and uncuffed. The holding tank was divided into two sections by a glass wall and sliding

metal door that has a window on it. San Diego County Sheriff's Deputy Gustavo

Reynoso was unchaining inmates on the other side of the glass wall…