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FACTS

Most Hispanic gang violence in Sacramento, a predominately Norteño city, is between various subsets of Norteños as the subsets seek to establish the pecking order. Among the Norteño subsets are the Varrio Diamonds, the 14th Avenue Norteños, and the Fruitridge Vista. The 14th Avenue and Fruitridge Vista subsets are aligned. Santana is a member of the 14th Avenue Norteños and Givens is a member of the Fruitridge Vista subset. A rivalry between the Varrio Diamonds and the 14th Avenue subsets began in 2005 when a 14th Avenue gang member shot and killed a Varrio Diamond gang member. The rivalry was dormant for a number of years, but began again in 2009 with drive-by shootings. It continued on December 3, 2010, when three men, Givens, Perez, and Garay, entered a convenience store and encountered two Varrio Diamonds. One of the Varrio Diamonds, Andrew Martin, shot Garay On December 8, 2010, gang detectives were conducting surveillance of 7432 17th Avenue, the home of Martin‟s grandmother, looking for Martin. The detective closest to the house saw a silver car slow as it approached 7432 and then pull to the curb. Santana, the passenger, got out and walked to 7432. There, he pulled…