People v. Torres CA2/4

BACKGROUND

Prosecution Evidence Count 5 (Assault with a Firearm) On November 15, 2013, around 1:50 a.m., Jose Lopez went to the police station by the courthouse in Van Nuys to turn himself in on a bench warrant that had been issued for his failure to appear in court. The officer he spoke with was unable to find the bench warrant, so Lopez left and sat on a wall outside the courthouse. As Lopez was sitting on the wall, appellant, another man, and a woman approached Lopez. Appellant walked up to Lopez and asked him, “Where the fuck you from?” Lopez understood this to mean appellant was asking what gang he was from, but Lopez responded that he was not in a gang. Appellant pointed a gun at Lopez’s head and repeated his question more aggressively. Lopez again said that he was not in a gang. Appellant repeated the question three to four times. Appellant was standing about three feet from Lopez and kept the gun pointed at Lopez throughout the incident. At one point, Lopez offered appellant his wallet, telling him that he had over a hundred dollars in it. Appellant replied, “Yeah, but fuck that right now, I’m taking care of business.” Appellant also mentioned his gang, B.V.N., which…