People v. Cabrera CA2/6

Facts, Excluding Appellants’ Statements, Relating to Murder Conviction (Count 1, Victim Lopez) One afternoon in March 2013, J.D. was driving her vehicle in the El Rio area of Ventura County. She saw a man, later identified as Josue Lopez, walking by himself down the street. Two men ran toward him. Lopez “turned to run away.” The arms of both men were “held . . . straight out” and were pointed at Lopez. J.D. heard about six “pops” in “quick succession” and saw “smoke coming from [the mens’] arms.” The men were about six to ten feet away from Lopez when she saw the smoke. Lopez fell to the street, and the men ran away. Lopez had been shot in the back. The wound was fatal. Another bullet grazed Lopez’s right hip. Lopez was 16 years old. His moniker was “Lil Risky.” A gang expert did not know whether Lopez was a gang member. After Lopez’s death, members of the El Rio Trouble Street (El Rio) criminal street gang held a memorial service for him. At the scene of the shooting, sheriff’s deputies found two .38 caliber “spent bullets” on Lopez’s body. They found a “fresh” bullet hole in the door of a parked car. The hole had been made by a .22 caliber bullet. Deputies recovered the bullet.…