People v. Reyes CA5

BACKGROUND

Charges The Tulare County District Attorney charged Gomez and Reyes with two crimes: murder (§ 187; Count 1) and attempted murder (§ 664/187; Count 2). Each count included a gang-related crime allegation (§ 186.22, subd. (b)). Evidence This case involves two victims. One was killed, the other survived. As the victims were walking down the side of a road, Gomez and Reyes pulled up behind them in a car. Gomez exited, pointed a shotgun at one victim and pulled the trigger but nothing happened. That victim ran away. Gomez then shot and killed the other victim. According to the surviving victim, he had previously seen the same car pass him multiple times on the road earlier that day. He recognized Reyes as the driver and reported that fact along with a description of the suspect car to law enforcement. Law enforcement officers began surveilling Reyes’s nearby residence a few hours after the shooting. Officers noticed a vehicle matching the suspect description arrive at the property but could not “identify … any occupants of the vehicle when they approached the residence.” A short while later, the vehicle left the property.

3A criminal street gang’s existence must be proven…