RENE C. v. SUPERIOR COURT
Filed 2/27/06; pub. order 3/29/06 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| RENE C., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. | B185904 (Los Angeles County Super. Ct. No. VJ30328) |
ORIGINAL PROCEEDING; petition for writ of mandate. Philip Mautino, Judge. Petition granted.
Janice Y. Fukai, Alternate Public Defender, Felicia Kahn Grant and Frederick Lacey, Deputy Alternate Public Defenders, for Petitioner.
No appearance for Respondent.
Steve Cooley, District Attorney, Leal Rubin, Head Deputy, Phyllis Asayama and Shirley S. N. Sun, Deputy District Attorneys, for Real Party in Interest.
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INTRODUCTION
In this mandate proceeding, Rene C. seeks relief from the juvenile court's order declaring that he is not a fit and proper subject to be dealt with under the juvenile court law. We grant his writ petition.
FACTUAL AND PROCEDURAL BACKGROUND
On February 3, 2005, the People filed a petition pursuant to Welfare and Institutions Code section 602,[1] alleging that when Rene was 14 years of age he committed the crimes of murder (Pen. Code, § 187; count 1), attempted murder (id., §§ 187, 664; count 2) and assault with a firearm (id., § 245, subd. (a)(2); count 3). The People also alleged numerous firearm and great bodily injury enhancements. (Id., §§ 12022.53, subds. (b), (c), (d) (counts 1 & 2); § 12022, subd. (a)(1) (count 1); § 12022.7, subd. (a) (counts 2 & 3); § 12022.5 (count 3).) Due to the nature of the offenses alleged, Rene statutorily was presumed not to be a fit and proper subject to be dealt with under the juvenile court law (§ 707, subds. (b)(1), (12) & (13), (c)). The People consequently moved the court for an order declaring Rene unfit so they could try him as an adult.
On May 24, 2005, the juvenile court conducted an Edsel P.[2] hearing, which was followed immediately by a fitness hearing. During the Edsel P. hearing, the following evidence was adduced:
Alex Santos (Alex), the murder victim in count 1, was a member of a tagging crew. Prior to January 14, 2004, someone from a rival tagging crew had threatened Alex with a gun. Alex told his older brother, George Santos (George), what had happened. George is the named victim in counts 2 and 3.
On January 14, 2004, George drove Alex and Alex's friends, Daniel Torrero (Torrero), Rudolfo Gonzalez (Gonzalez) and two others, to a market so they could buy something to drink. Alex and Torrero went inside the market while the others remained in George's truck, which was parked across the street. When Alex and Torrero walked out of the market, 12 or 13 members of the rival DSW tagging crew advanced on them. Sensing his brother was in danger, George got out of his truck and ran across the street. George punched one of the DSW crewmembers as hard as he could without warning in order to protect Alex. The individual fell to the ground, after which George repeatedly kicked the individual with all his might. This person assumed a fetal position in an attempt to protect himself. After the fourth or fifth kick, someone shot George. The person on the ground then stood up and ran away. At that point, George attempted to return to his truck. As he did so, he saw Alex approaching and realized for the first time that Alex had been shot in the neck. Alex later died of his injuries.
Bell Gardens Police Detective Angel Puente investigated the shooting. Torrero told the detective that when he walked out of the market, he saw a large group of DSW tagging crewmembers walking toward him and Alex. Fearful that a fight would ensue, Torrero ran away. As he fled, Torrero saw someone point a gun at Alex. Torrero continued to run but looked back when he heard two gunshots. Alex had been shot.
During a subsequent interview, Torrero gave Detective Puente additional details about the shooting. Torrero told Detective Puente that while he was running, he saw George fighting with someone on the ground. Torrero heard a gunshot and saw the person with whom George was fighting stand up and run away, holding something near his front pants pocket. Torrero selected Rene's picture out of a photographic display, identifying him as the person with whom George had been fighting. Torrero also identified Andrew S. as the person who shot Alex.[3] According to Detective Puente, both Rene and Andrew S. are members of the DSW tagging crew.
Gonzalez told Detective Puente that he was waiting in George's truck when he saw a large group of males from a rival tagging crew advancing on Alex and Torrero after they walked out of the market. At that point, Gonzalez, along with George, got out of the truck and approached the group. Gonzalez heard two gunshots and saw a male holding a revolver. Gonzalez saw Alex fall to the ground. The members of the group then dispersed. From a photographic display containing six pictures, Gonzalez identified Andrew S. as the person who shot Alex, and Rene as the person who shot George.
George told Detective Puente that he did not know who shot him and that the person with whom he fought did not shoot him and was not Rene. At the hearing, George testified that he did not recognize Rene and that Rene was not the person with whom he fought.[4]
Rene's attorney argued that Rene was acting in self-defense when he shot George. The court rejected the argument, stating, â€
