People v. Zepeda CA2/1

STATEMENT OF FACTS

In the afternoon of July 25, 2013, Mario Gonzalez drove with his friend, Oscar Munoz, to Munoz’s house. The house was within territory claimed by the Krazy Ass Mexicans, or KAM, gang. KAM territory is adjacent to area claimed by a rival gang, Big Hazard. As they pulled into Munoz’s driveway a red or burgundy Lexus with gold trim drove past them, made a U-turn, and stopped behind them. A passenger in the Lexus got out of the car and approached Gonzalez’s car. He wore a gray, hooded sweatshirt with a U.S.C. logo. He asked Gonzalez and Munoz where they were from; they replied that they were not from anywhere. The man said “Fuck KAM,” or told Gonzalez and Munoz to say, “Fuck Kam,” then shot both men several times. Munoz was shot in his face, arm, and back. Gonzalez was shot three times in his arm. One bullet passed through Gonzalez’s arm and lodged in his chest. They both survived.

1 All subsequent statutory references are to the Penal Code unless otherwise indicated.

2 Munoz’s mother, Sandra Sanchez, was nearby when she heard the shots. She saw Munoz “lying down” in the car and a man standing nearby, who turned and pointed a gun at her. When the driver of the…