People v. Figueroa CA2/1

BACKGROUND

A. Factual Summary On occasion, 24-year-old Herrera rode his black beach cruiser bicycle along the San Gabriel riverbed to and from the movie theater. The bicycle had a large, brown leather seat. Herrera had special needs and the mental capacity of a 12-year- old. On September 18, 2015, Herrera left the movie theater at 7:52 p.m. The next morning, his body was found along the riverbed between Del Amo Boulevard and Carson Street.2 He

All unspecified statutory references are to the Penal Code. 2 Ralph Santiago found Herrera’s body while walking his dogs along the San Gabriel River Trail. He entered the trail near Monte Verde Park, and walked south, towards Carson Street. This court sua sponte takes judicial notice that Monte Verde

3 had been shot in the back of the neck, at close range, and the bullet had exited from his left eye. The gunshot wound and dirt marks near his knees and toes indicated that he had been shot from behind, while in a kneeling position. A nine-millimeter cartridge shell casing was found a few feet from his body. Neither his bicycle, the gun, nor the expended bullet was ever found. Figueroa lived at the riverbed as part of a homeless…