People v. Villarreal CA1/1

I. BACKGROUND

In 2021, by amended information, the People jointly charged Villarreal and Gabriel Joseph Martinez (codefendant) with the May 2016 murder of Dariel Arreola (§ 187, subd. (a); count one), with gang and firearm enhancement allegations (§§ 186.22, subd. (b)(5), 1203.06, subd. (a)(1), 12022.5, subd. (a), 12022.53, subds. (b)–(e), (g)).2 The People charged Villarreal alone with shooting at an occupied vehicle related to a separate incident (§ 246; count two), which also included gang and firearm enhancement allegations (§§ 186.22, subd. (b)(4), 12022.5, subd. (a), 12022.53, subds. (b), (c), (g)). The codefendant was also charged with other offenses and enhancements (counts three through six). Villarreal and the codefendant were jointly tried. A. Prosecution Case The People’s theory at trial was that a violent gang war erupted in 2015 between Decoto XIV (Decoto)—Villarreal’s and the codefendant’s alleged gang—and the Hayward Original Gripp Getters (Hoggs). The People contended the murder of Hoggs member Arreola was part of this war. 1. Mission Boulevard Shooting—December 30, 2015 (Count Two)3 On December 30, 2015, a witness saw a black “Camaro-looking” car stop near a…