People v. Terry CA6

I. FACTS AND PROCEDURAL BACKGROUND

On April 4, 2019, a group of four men and two women chased Ryan Rousse into a Dollar Tree store in San Jose.1 The men hit and kicked Rousse, who received multiple stab wounds. Rousse died of his wounds later that day. One of the individuals chasing

1 These facts are taken from the probation report prepared for Terry’s sentencing. Rousse was heard yelling “ ‘Norte, you piece of sh*t drop out.’ ” and “ ‘He’s a Northerner.’ ” By the time the police arrived at the store, the group chasing Rousse had fled. A police investigation resulted in the identification of Terry as one of the individuals who had participated in the stabbing of Rousse at the Dollar Tree store. Terry was charged by indictment with participating in a criminal street gang (Pen. Code, § 186.22, subd. (a)2; count 1), murder (§ 187, subd. (a); count 2) with an allegation that he had committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(5)) and a special circumstance allegation that, when he killed the victim, Terry was an active participant in the Norteño criminal street gang (§ 190.2, subd. (a)(22)), and assault with a deadly weapon (§ 245, subd.…