People v. Damian CA3

facts to those necessary to provide context to the issues on appeal. This case arises out of defendants’ participation in the third of three shootings involving members of the Varrio Garden Norteño, Varrio Valley Hi Norteño, and Red Krew Norteño gangs. The Varrio Garden and Varrio Valley Hi subsets were closely aligned but had “beef” at the time with the Red Krew subset, of which defendants were members. The prosecution introduced a variety of evidence regarding defendants’ gang membership, including a 2014 assault conviction of Deanda’s, which involved other gang members. In the first shooting, someone shot at three Varrio Garden/Varrio Valley Hi members and associates outside the home of B.Q., a Varrio Valley Hi member. One man was shot in the foot. No one was able to identify the shooters. In the second shooting, which occurred later the same morning, someone shot at the home of R.C., a Red Krew member. R.C. was not home at the time, but his mother was. When R.C. came home, he showed his mother a photograph on his cell phone and asked her if the photograph was of a person who was involved in the shooting. She said it was, and he left the house. A Varrio Garden/Varrio Valley Hi…