People v. Suarez CA6

I. FACTS

Brothers Brian and Gustavo Alba were standing on the sidewalk in front of their house on September 5, 2012, waiting to take their mother to work. Their housemate, who was out walking his dog, approached and warned them that Suarez “just drove by.” Brian3 and his housemate knew Suarez because the men had worked at a warehouse together earlier that year. Brian left the job at the warehouse because of bullying and harassment by certain coworkers who were associated with the Norteño gang. While Brian worked at the warehouse, Suarez participated in the bullying; he would “bark” like a dog and “mean-mug” or glare at Brian. Brian was not a gang

2 The trial court later reduced the drug conviction to a misdemeanor pursuant to Proposition 47 (§ 1170.18) and struck eight months on count 5 from the suspended prison sentence. 3 We use the brothers’ first names to avoid confusion and not out of disrespect.

2 member but knew members of both the Norteño and Sureño gangs. He grew up with “[m]ostly Sureños” and sometimes was perceived to be Sureño. As the brothers stood on the sidewalk, Suarez drove slowly past in a black SUV. Through an open passenger side window, Suarez pointed a gun…