People v. Vasquez CA4/1

STATEMENT OF FACTS

The facts of the offenses are fully set forth in our prior opinion. (People v. Vasquez, supra, D050954.) Appellant has provided an accurate

summary of those facts, which we will incorporate here.

We do so in nearly verbatim fashion except to sometimes use initials in naming third parties involved in the subject offenses to protect privacy as much as possible. 2 “[Vasquez] was a member of the West Coast Crips (WCC), a criminal street gang. Members of WCC were known to congregate at the 3100 block of Clay Avenue in San Diego, and they claimed the Clay Avenue Park on that block as their territory. The WCC gang is predominantly Black. [Vasquez] is Hispanic. “Clay Avenue Shooting “[R.S.] lived on Clay Avenue across the street from the park. In the afternoon on October 9, 2004, [R.S.] was preparing for a party in her front yard and was able to observe the people gathered at a home and adjacent park across the street from her house. In the early afternoon, she noticed a red Jeep Cherokee pull up to the house across the street. Five Black males were in the vehicle. The Black males gathered in front of the garage for awhile, left in the Jeep, and then returned a…