People v. Solorio CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

This case turns on events that occurred one summer evening, more than 36 years ago in 1987. Late that evening, 27-year-old Jose Solorio returned to a home in Ramona where, hours earlier, he had gathered with others to celebrate the birthday of a four-year-old child. Upon arrival, Solorio exited his car, climbed a flight of stairs, and stepped into a room in which partygoers were still gathered. Moments later, he fired three bullets from a handgun. One bullet pierced the heart of the birthday girl’s father, German Aviles. Another pierced the heart of her cousin, Ventura Aviles. And the third lodged in the chest of another cousin, Carlos Holguin. As Solorio fled the residence, he chanced upon the birthday girl’s uncle, Jose Aviles. A scuffle ensued, in which two more bullets were fired from

Solorio’s gun. Each bullet entered Jose’s1 thigh; and one traveled through his intestines, lodging near his spine.

Because several of the family members share the same last name, we refer to each of them by first name. We do so for the sake of clarity, intending no disrespect.

2 German and Ventura died that evening. Jose and Carlos survived. And…