P. v. Gutierrez CA5
On February 25, 2006, H.J. and his friend, J.O., attended a birthday party for H.J.’s nine-year-old nephew. The party was held at the home of Maria J. (Maria), H.J.’s sister, that was located in the territory of a regional subset of the Norteño gang called the Varrios Farmas Catorce (VFC.) The VFC identify themselves with the color red. J.O. wore a blue checkered shirt to the party. J.O. testified that he was not a member of the Norteño’s rival gang, the Sureños, but was aware that the Sureños identify with the color blue.
While eating in his sister’s open-door garage with J.O. and three or four other friends, H.J. noticed a grown man with a red handkerchief wrapped around his hand. This man went in and out of a neighbor’s house while talking on a telephone and looking toward Maria’s house. After this man talked on the phone, 10 to 12 more men arrived in front of the neighbor’s house. Maria saw one man at this house and then saw more men slowly start to arrive.
Comments on P. v. Gutierrez CA5