People v. Avelar CA4/2
Opinion
Opinion
FACTS
On the evening of December 29, 2020, Michael Falcon parked his car near the
Party Time Liquor store in Ontario. Falcon testified he was sitting in his car with the door
open, rolling a marijuana blunt, when someone approached him said, “What’s up, bitch,”
and fired at least two shots, wounding his elbow and thigh.
The shooter left the scene and Falcon contacted 911. At the hospital, where he
received treatment, Falcon initially told responding authorities he didn’t know who shot
him. However, he later identified Avelar as the shooter. Falcon explained he didn’t
identify Avelar as the assailant at first because he was afraid of being labeled a snitch in
his neighborhood.
Surveillance footage showed Avelar parking a car near Party Time Liquor,
entering and exiting the store, and departing from the scene. In a postarrest interview,
Avelar acknowledged still photographs taken from the surveillance video depicted him at
the store. Though they could not positively identify Avelar, bystanders testified to seeing
2 the man who drove away in Avelar’s car approach Falcon and then retreat with a
handgun after they had heard gunshots.