People v. Alvarez CA4/2

I. BACKGROUND

On the evening of August 11, 2015, V.A. was standing outside his apartment

smoking a cigarette when he was approached by three men. According to the

prosecution, Gutierrez was one of those three men. Gutierrez asked V.A. “‘where are

you from’” and “‘what do they call you.’” V.A. responded by saying something like

“‘What do you mean? Who are you?’” Gutierrez said “‘Do you want to go that route?’”

3 Gutierrez then pulled out a handgun and started shooting at V.A. V.A. sustained five

gunshot wounds, to his back, leg, and neck, but survived.

On the evening of September 22, 2015, J.C., together with three friends, was

drinking alcohol and smoking marijuana while sitting outside of the office of the same

apartment complex where V.A. had been shot the month before. They were approached

by three men; according to the prosecution, Gutierrez and Alvarez were two of those

three men. Gutierrez told J.C. to “get up.” J.C. ignored him. Gutierrez then told one of

J.C.’s friends to “move”; she did. Alvarez then pulled out a gun and began shooting at

J.C., hitting him eight times in the head, chest, and arms, killing him.

The prosecution presented evidence that the…