People v. Garcia CA5

discussion of that argument.

2. Later in the day on December 2, 2017, Garcia approached Yesenia and Rodolfo at a grocery store. Rodolfo was wearing red pants and a hat with the letter “A” on it. Garcia initially stood in the entrance to the store, looking around, before asking Rodolfo and Yesenia whether they had seen a little boy. The two responded they had not. As Rodolfo and Yesenia exited the store, Garcia approached again and asked for a lighter and a cigarette. Rodolfo responded that he did not have those items. He and Yesenia then began to walk away. At this point, Garcia stated, “Oh, hold on” and took out a gun. Another man also approached with a gun, and both began shooting at Rodolfo. Rodolfo attempted to flee but was shot dead. These incidents were caught on video surveillance and played to the jury. The shooting was allegedly a retaliation for the killing of Medina. Rodolfo was alleged to be a former member of Arvina 13, a criminal street gang based in Arvin. Rodolfo had known gang tattoos on his knuckles, hands, chest, and stomach. However, Rodolfo had allegedly left the gang and moved to Lamont in 2014. During the police investigation, a cell phone found with Garcia…