People v. Lopez CA2/8

FACTS

Background A few years after immigrating to this country, Brian Dieguez was “jumped in” as a member of the Harvard Criminal clique of the Mara Salvatrucha criminal street gang, also known as MS-13. The Harvard Criminal clique of MS-13 and the Hollywood Locos clique of MS-13 have a long, “special relationship.” Dieguez and other MS-13 gang members “jumped in” Lopez when he became a member of the Hollywood Locos. Dieguez knew Lopez as “Solo” or “Sapo.” MS-13 and the 18th Street gang have been involved in a long, bitter rivalry for many years, and are “at war,” both locally and throughout Central and South America. As explained by Dieguez at trial, if he or another MS-13 gang member saw an 18th Street gang member on the street, he would—without saying anything—kill the 18th Street gang member if he had a gun, or fight him if he was unarmed. The Shooting During the afternoon of January 11, 2010, Dieguez and two other MS-13 gang members, Temper2 and Listo, were drawing graffiti when a group from a rival gang drove up and insulted them, and the two groups exchanged gunfire.3 After the confrontation, Dieguez, Temper and Listo went to a friend’s house where they met up with Lopez…