Madrigal v. Cal. Victim Comp. and Government etc.
1. The crime and the eyewitness testimony
On the afternoon of July 5, 2000, Ricardo Aguilera was visiting Michael and Carlos M. Their home was in the territory of the Marianna Maravilla gang. Michael had been a member of the gang. (Madrigal I.)
Sometime between 3:15 and 3:20 p.m., Aguilera and Michael were outside when a black truck with two men in it drove past and slowed. Michael recognized one of the men as Francisco Olivares, known as “Go-Go,” from the rival Ford Maravilla gang. Aguilera and Michael ran inside to tell Michael’s mother, then went back outside to bring in the mother’s other children. The truck stopped and the passenger asked Aguilera where he was from. Aguilera replied he was from nowhere. The passenger pulled out a gun. Aguilera ran toward the residence. He was shot in the back of the head but survived. (Madrigal I.)
Ricardo Aguilera
At trial, Aguilera testified he had gone outside to move a car. A black truck and a white car passed by.
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