P. v. Chavez CA2/6
The victims in this case are brothers Brian and Adrian Barajas. They were attacked by appellant Carlos Chavez and his fellow gang members, who instigated a fist fight at a house party. Appellant hid a knife in his fist and stabbed the victims, wounding Adrian and killing Brian, who was trying to protect his younger brother from appellant. Eyewitnesses saw appellant with a knife in his hand during the attack. The victims were unarmed.
Moments before attacking the Barajas brothers, appellant bragged of his gang membership; his cohorts in the attack are part of the same gang. Appellant was charged with murder and attempted murder, with allegations that he personally used a deadly weapon and committed the crimes for the benefit of, at the direction of, and in association with a criminal street gang, to promote, further and assist in the gang’s criminal conduct.
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