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FACTS

The Prosecution’s Case One evening in March 2004, Giovani and Andrew Onofre and Hector Lopez decided to play basketball at Memorial Park in Santa Ana, an area claimed by both the Alley Boys and Delhi criminal street gang members. The three teenagers played basketball until it got dark. They tried to get a ride home, but ended up waiting for a bus at a nearby bus stop. While they were waiting for the bus, a white Lincoln Town Car pulled up in front of them. Vega, an active participant in the Delhi gang, was a passenger in the car. He made a “D” handsign, although it is not clear Giovani saw him do this. According to Andrew and Lopez, Giovani thought he knew someone in the car, and mentioned that they were stopping to give them a ride home. When he approached the car and said, “what’s up[,]” Vega got out of the car and asked the three where they were from. Giovani said he was from Alley Boys. Vega got back into the

2 car, said something to the driver, and grabbed a semiautomatic handgun. He fumbled with the gun, which gave Giovani a chance to run and jump over a brick fence. Andrew and Lopez ran in the opposite direction and hid behind some dumpsters. Vega got back into the…