P. v. Palacios CA2/8
On January 21, 2018, victims Daniel Duarte and D.G. lived near each other in a homeless encampment in “The Wash,” an area at Avenue 52 and Figueroa Street near the 110 Freeway corridor in Los Angeles. Around 2:00 a.m., Duarte went to D.G.’s makeshift shelter/tent so the two of them could smoke methamphetamine together. Duarte was on his knees with his back to the door, rooting around in his backpack for his lighter, when two men came into the shelter. One of the men (appellant Palacios) stood about one foot from Duarte as Duarte continued to look for his lighter. Palacios was the first person to enter the tent with appellant Perez following behind him. Palacios entered with gun drawn; Perez was openly armed with his gun pointed at the ground.
Palacios asked the victims where they were from, that is, what was their gang. Still on his knees, unarmed, and with his back to Palacios, Duarte said he was from “la Pasadena.” D.G. said he was “paisa,” meaning he had no gang affilia
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