People v. Barragan CA2/2

facts presented at trial as follows: “Jose Gallarzo worked at 1906 East First Street, near State Street. He was shot by a rifle at about 9 p.m. in an alley behind his place of business. Neighbors heard brief, loud arguing in Spanish and then three shots. One neighbor, Olivia Escobedo Gonzalez, heard the argument before the shooting started; saw one man hold the victim while the other assailant had a gun pointed at him; and shouted to let the man go; but the assailant with a gun turned around and told her, in English, to shut up. Another neighbor, Juan Herrera, ran downstairs after hearing the shots and saw two people who looked Hispanic running away. One was wearing jeans and a white tee shirt, and he tried to stick something in his waistband. The victim was screaming, shouting ‘Me dieron’ or ‘They hit me. They hit me.’ A lot of blood was coming from his abdominal area. [¶] Another witness, Francisco Ignacio, was with his girlfriend in a van in the alley completing her homework when he heard three shots and tried to leave the alley. He encountered Gallarzo’s body, stopped, and got out. Gallarzo, in pain, told him ‘dos morros’ (two young guys) attempted to rob him, tried to steal…