People v. Fiu CA1/4

BACKGROUND

The Trial and Verdict2 On the evening of July 24, 2003, Fiu, an “old gangster” who was a member of the Sons of Death (SOD) street gang, was hanging out on the porch of his home, drinking with teenage SOD members Sammy V., Brandon V., Danny G., and Joey O. Fiu’s step-son, Juan, and Juan’s cousin, Luis Javier Cervantes, were also there. That evening, Espinoza walked by them, yelling disrespectfully. Joey O. and Cervantes testified that Espinoza yelled out “EHL” or “Easter Hill Locos,” his gang’s name. When Espinoza walked by, Sammy V. testified that Fiu said to “go get him.” Danny G. and Brandon V. started chasing Espinoza. They caught him and started punching and kicking him. Sammy V. said he went over and kicked Espinoza a couple of times on his lower body while Espinoza was on the ground. Sammy V. heard someone yell “SOD” while he was kicking Espinoza. He testified that Espinoza was kicked for about five to ten minutes, and Fiu kicked Espinoza multiple times in the head. Danny G. had a gun and pulled it out when he caught Espinoza, but someone, Sammy V. wasn’t sure who, told Danny G. to put it away. Sammy V. denied that Fiu knocked the gun out of Danny G.’s hands.…