People v. Servillo CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Six men accosted two seventh graders as they were walking in Highland Park to get dinner. One of the men issued a gang challenge, asking, “Where you from?” and proclaiming either, “This is Avenues” or, “This is Avenues 57.” The Avenues are a gang in Highland Park. When one of the boys, Edward, declined to state a gang affiliation, the man who challenged them asked if Edward or his friend had any money, and then asked Edward to hand over the skateboard he was holding in his hand. When Edward refused, the man reached toward his waistband and lifted up his shirt, making it possible for Edward to see “the figure of a gun.” Neither Edward nor his friend actually saw the gun itself, but both understood the man’s gesture as conveying that “he had a gun or something” because “people put guns right there in their waistband.” The man repeated his demand for Edward’s skateboard. Fearing that he would be shot, Edward handed over the skateboard. One of the other men in the group then said, “Now get out of here before this guy gets crazy on you” or, “Just keep walking.” The boys took this advice, and quickly left the area. The boys called the…