People v. Garcia CA4/3

FACTS AND PROCEDURAL BACKGROUND

“In the late afternoon of December 17, 2006, 16-year-old Fernando Garcia, 14-year-old Angel Secundino, 14-year-old Gabriel Perez and 13-year-old Vanessa Diaz were at Fernando’s house drinking and smoking marijuana. At about 4:30 p.m., they walked down an alley to pick up Fernando’s little brother who was with a babysitter. None of the four had any weapons. Fernando was a member of the Lopers, a criminal street gang. Both Secundino and Perez ‘hung around Lopers, but were not officially initiated into the gang.’ The alley where they were walking was nearby but not within the territory of the Lopers gang. “As the four walked, a black Chrysler 300 approached them. Fernando described what happened next: ‘The car stopped and two guys got out from the passenger seat and the backseat of the car and they approached us. And they—we were arguing and then I was the first one to get shot so I don’t remember. When I woke up, I saw my two friends laying down. They were already dead.’ “Later, Fernando told investigators those in the car said ‘we’re from Walnut,’ and someone from his group responded, ‘this is Lopers.’ Immediately thereafter, the shooting started.…