People v. Perez CA4/3

FACTS

One evening, “Mobbing our Professions Crew” (MOPC) gang member Julio Diaz and MOPC associates Gregorio Ariza and Christian Rodriguez were in front of Ariza’s apartment. A dark colored car stopped in front of a nearby home. Two heavyset Hispanics were in the car. Moments later, someone fired several shots at Diaz, Rodriguez, and Ariza. The gunman yelled “EBK” and ran away. MOPC and the “Every Body Killer” (EBK) gang were rival gangs, and they had recent skirmishes. Diaz suffered gunshot wounds to his torso and lower back. The next day, officers interviewed 20-year-old Perez at the police department. After waiving his rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436, Perez admitted he had a “beef” with Diaz and they had fought in the past. Perez initially denied any involvement in the shooting. Perez eventually admitted he “did it,” claiming he did so because Diaz was going to “smoke” him. Perez claimed he “did it all [him]self” because he was “tired of that guy.” Perez admitted he unloaded his weapon, a .45 caliber handgun, at the three victims. He disposed of the gun in the ocean; officers found .45 caliber ammunition in a box in his bedroom. Perez admitted he…