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BACKGROUND

A little before 2:30 a.m. on December 28, 2008, Rodolfo Macias was fatally shot four times from behind, with three of the shots entering the back of his head and one entering his upper back. (Undesignated date references are to 2008.) Raymond Salcedo was also shot in the face and lost his left eye, but survived. He had no memory of what happened to him. Macias and Salcedo were shot at the conclusion of a confrontation with members of the Pasadena Latin Kings gang. Salcedo lived with Edwin Galvez on Mar Vista in Pasadena. On the evening of December 27, Galvez held a backyard barbecue attended by Salcedo, Macias, and Adrian Nava, who lived down the street. None of the four were gang members, but Salcedo and Macias had shaved heads and may have looked like gang members. Nava arrived around midnight. He testified he had been at the home of a different friend earlier that evening and had already consumed about eight beers over the course of about six hours. Upon arrival at Galvez’s house, he collected money and went to purchase two 12-packs of beer, which he took back to Galvez’s house. Then the four men sat around drinking and talking in the backyard. Nava estimated that…