People v. Toledo CA2/1

BACKGROUND

Several street gangs claim overlapping territory in Compton, California, including the Compton Varrio 70 (CV70) and Leuders Park Piru (Leuders Park) gangs. Appellants were members of CV70. White, was a member of Natural Born Players (NBP), a group associated with Leuders Park. The CV70 and Leuders Park gangs maintain a longstanding feud. On the morning of November 27, 2002, the day after Thanksgiving, White and his cousin, Brandon Buckhalter, spray painted “NBP” on some walls and a street sign at the intersection of San Vicente and Bradfield avenues in Compton. White also painted over a graffito referring to CV70. Toledo saw or learned of White and Buckhalter defacing the CV70 graffiti and hurriedly obtained a revolver from the home of David Guerrero, a fellow CV70 member. Appellants then approached White and Buckhalter in a blue Chevy Tahoe driven by Enciso. When Enciso flourished a chrome handgun, White and Buckhalter fled on foot onto Palmer Street. Appellants pursued in the Tahoe but temporarily lost sight of the NBP members. White and Buckhalter ran to a friend’s house and went inside, for a time thinking they had eluded appellants. But when White left the house…