P.

FACTS

During the early morning hours of August 9, 2008, George Robertson, an African–American, was shot and killed inside his car. Robertson's car was located near the driveway of his residence in Santa Maria. A few hours earlier, Garcia and his brother Roy Duran were in the Coachman Bar which is also located in Santa Maria, less than two miles from the scene of the murder. The bar was frequented by African-American, Hispanic and white customers. Garcia appeared to be intoxicated. He flashed a gang sign and called out the name of his gang. Jason Ross was also in the bar. Garcia is Hispanic and Ross is African–American. The customers began to leave the bar as closing time approached. Ross attempted to speak to an Hispanic woman and was threatened by an Hispanic man. Garcia argued with Ross, again calling out the name of his gang. When Garcia directed a racial slur at Ross, Garcia and Ross began fighting. The fight moved to the bar parking lot. Garcia was wearing a blue Dodger jersey and a white tee shirt under it that became visible during the fight. Duran was involved in the fight on Garcia's side but they were outnumbered. Other people standing outside the bar joined…