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FACTS

On September 3, 2008, childhood friends Miguel Guzman, 16 years old, and Emanuel Z., 19 years old, lived in the neighborhood near the intersection of 5th and Bonnie Brae Streets in Los Angeles. There was a lot of 18th Street gang graffiti in the area, and gang members frequented the neighborhood. Guzman and Emanuel were not gang members. As they were crossing 5th Street near the corner of Bonnie Brae Street, Emanuel heard a woman ask, “Where you guys from?” Emanuel saw a car driven by Cortez, with Bernal in the passenger seat, and a male in the back seat. The driver’s window was down. Guzman and Emanuel did not respond and kept walking. Emanuel heard the same woman’s voice say, “Let them have it.” He saw the car driven by Cortez stop. Guzman asked Emanuel, “Are they going to shoot or no[?]” Bernal got out of the car. He pulled a dark-colored gun from his waist, put his left hand on top of the car, and started shooting across the roof of the car at Guzman and Emanuel. Emanuel ran as soon as he saw the gun. Guzman appeared startled and put up his hands. Bernal shot five or six times, killing Guzman. Guzman did not have a gun and no one shot back at Bernal. Emanuel ran inside…