People v. Alejandre CA2/6

FACTS

Prosecution Evidence Jesus Escapite was a member of the South Side 18th Street gang. He told his friend Juan Canales “that he had banged on some North Side Longo.” North Side Longo was a rival street gang. Both North Side Longo and South Side 18th Street claimed territory in Long Beach around Long Beach Boulevard and Plymouth Street, over which the two gangs regularly fought. About two weeks later, Escapite and Canales were walking in the contested area towards a nearby liquor store. Escapite was talking on his phone. A blue Nissan sedan that had been parked on the street began “creeping up right behind” them. There were two people inside the vehicle. It appeared to be missing its front passenger hubcap. The vehicle’s occupants looked directly at Escapite and Canales and turned into an alley. Escapite told the person on the phone, “I am going to call you back. This mother fucker is mad dogging me.” He then told Canales, “Don’t worry, I am hot right now,” meaning he had a gun. The driver got out of the car. He said to Escapite, “Hey fool, do you remember me? You hit me up a while ago.” As soon as he finished speaking, the driver started shooting at Escapite. Escapite fell to…