People v. Ramirez CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. The Offense Conduct2 On October 16, 2009, 16-year-old Tyler T. and other teenagers gathered in Santa Cruz, drank beer, and smoked marijuana. As the teens rode in a car, the driver shouted at two men who were standing on a street corner. The men responded with gestures. The driver stopped the car. The teens got out and approached the men. Some other men joined the confrontation, and a fight ensued. As the teens ran back toward their car, someone tripped Tyler. Two or three men punched and kicked Tyler in his face, torso, and stomach as he lay on the ground. One of the attackers held a silver or chrome object while striking Tyler. Tyler was stabbed 17 times and died at the scene. The police considered the scene to be within a “stronghold” of Brown Pride Santa Cruz, a Sureño street gang. A police officer opined that Ramirez was an active Sureño gang member at the time of the crime. The officer also opined that Tyler and some of the teenagers were associated with a Norteño gang called West Side Santa Cruz. On the night of the killing, Ramirez visited a hospital for treatment of a fractured finger and lacerations on his hand. During the police…