In re Emmanuel N. CA2/3

FACTS AND PROCEDURAL BACKGROUND1

On August 14, 2021, Alberto P. went to pick up his friend and fellow musician Aaron. The two men played in a mariachi band. Just before 5:00 p.m., as Aaron was loading their instruments into the trunk of Alberto’s Honda, he heard someone say, “What’s up, foo?” Turning, he recognized Angel F., with whom he’d grown up, “standing right behind him.” Emmanuel was with Angel. Aaron later told authorities Angel was “a member of San Fernando.” Angel approached the driver’s-side door of Alberto’s car, opened it, and told Alberto “to get the fuck out of the car.” Angel took a black semi-automatic handgun out of his waistband and pointed it at Alberto’s head. Angel then pointed the gun at Alberto’s brother Alfredo, who was in the passenger seat. “[Angel] told the victims to get on the sidewalk as he continued to point and [wave] the handgun at all of them.” Emmanuel “demanded that everyone give up their cell phones and car keys.” Alberto handed Emmanuel his phone. Emmanuel told Alfredo

We take the facts from the probation officer’s report.

2 that he too had a gun. Alfredo didn’t see Emmanuel with a gun but in “fear for his life” he gave Emmanuel his…