People v. Medina

209 P.3d 105 (2009)

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Nature of the Case

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Facts

Manuel Ordenes and his wife Amelia Rodriguez had a New Year's celebration at their home. Their neighbors Kirk and Abraham, a friend, Lisa, and Jason Falcon were present at their house. Jose Jesus Medina (D), George Marron (D), and Raymond Vallejo (D), members of the Lil Watts gang, were also present. Falcon was not identified as a gang member, but he was always with Medina, Marron, and Vallejo. Ordenes had formerly been a member of the Lennox gang, a Lil Watts rival, although the two gangs were not rivals in the Lake Los Angeles area. Everyone was drinking alcohol and using methamphetamine. Ernie Barba drove to Ordenes's house with his friend, Krystal Varela, to pick up a compact disc. Barba went to the house, and when either Ordenes or Rodriguez answered the door, Barba asked, “What's up?” Ordenes stated he heard aggressive voices inside the house saying, “Where are you from?” Ordenes knew that when a gang member asks another gang member “where are you from?” he means “what gang are you from?” a question that constitutes an “aggression step.” He also knew that the question could lead to a fight or even death. Ordenes ordered, “Take that into the streets, go outside, don't disrespect the house.” Medina, Marron, Vallejo, and Falcon left the house and joined Barba on the front porch. Medina, Marron, and Vallejo approached Barba and continued to ask, “Where are you from?” Barba replied, “Sanfer,” signifying a San Fernando Valley gang. Vallejo responded, “Lil Watts.” Medina remarked, “What fool, you think you crazy?” Vallejo then punched Barba. Medina and Marron joined in the fight. Barba, even though outnumbered, defended himself well and held his own against the three attackers. All three “couldn't get [Barba] down.? Krystal Varela confirmed that Barba was defending himself well. Ordenes attempted to break up the fight but Falcon held him back. Eventually, Ordenes was able to pull Barba away and escort him to his car, which was parked in front of the house. Barba got into the driver's seat, while Krystal Varela got into the passenger seat. At the car, Ordenes advised Barba to leave. Varela heard someone in the yard say, “get the heat,” which she understood to mean a “gun.” Barba closed the driver's side door and drove off. As Ordenes was walking back to his house, Medina walked into the middle of the street and shoot repeatedly at Barba's car as it drove away. Barba died of a gunshot wound to the head. Medina, Marron, Vallejo, and Falcon were charged with first-degree murder. Medina was guilty as the actual perpetrator, while Marron, Vallejo, and Falcon were guilty as aiders and abettors. Officer Port testified in detail about the functioning of gangs and how the “where are you from?” question can incite immediate violence. Officer Port testified that when gangs have a disagreement, you can almost guarantee it's going to result in some form of violence, whether that be punching and kicking or ultimately having somebody shot and killed. The jury acquitted Falcon but found defendants Medina, Marron, and Vallejo guilty. The Court of Appeal affirmed Medina's conviction but reversed the convictions of Marron and Vallejo on the ground there was insufficient evidence that the nontarget crimes of murder and attempted murder were a reasonably foreseeable consequence of simple assault, the target offense they had aided and abetted. P appealed.