People v. Urrutia CA4/3

FACTS

A detailed recitation of the facts can be found in our prior nonpublished opinion People v. Catalan et al. (June 15, 2006, G034279) (Catalan). A brief telling will suffice. Michael Ornelas, a self-admitted member of the “Westside La Habra” (Westside) criminal street gang, and his friend were walking on a street in Westside territory when Urrutia drove his van slowly by them and stopped. (Catalan, supra, G034279.) Two men inside the van stared at Ornelas and his friend. Ornelas told his friend to walk ahead of him, and Ornelas stopped to tie his shoe. Urrutia drove down the street. Urrutia’s cousin testified Urrutia drove a short distance to Catalan’s house and picked him up. After Catalan entered the van, A.M. knew Ornelas from high school and said the two men were Westside members. Catalan showed them a handgun. Urrutia turned the van around, drove towards the men, and stopped the van near them. Ornelas told his friend to “watch out” because the two men from the van were coming towards him. As his friend ran ahead, he heard one of the men issue a gang challenge. Catalan shot at Ornelas several times. (Ibid.) Sometime after the incident, officers interviewed Catalan, a…