P. v. Pacheco CA2/5
On October 30, 2015, around 3:00 p.m., defendant shot Juan Ortiz multiple times near an elementary school. Ortiz and his fiancée, accompanied by their 5-year-old daughter, were walking toward the school, to meet their son’s school bus and walk him home.
Defendant, a member of the Sureños gang, approached Ortiz and asked him, “Hey, fool, you bang?” Ortiz was a member of the Bulldogs, a rival gang. He responded to defendant’s challenge with, “Yeah, Northside Selma Bulldogs.” Defendant then pulled a gun from his shorts and shot Ortiz seven times. Ortiz subsequently died in the hospital; his cause of death was a bullet wound to the head.
After shooting Ortiz, defendant ran. As he fled, he wrapped a shirt around the gun to cover it. Defendant ran into a nearby apartment complex, which was claimed as Sureños territory. Police spotted defendant and detained him in the apartment complex, in the company of a fellow gang member.
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