P. v. Castro CA5
On May 6, 2015, C., a former Norteno gang member, went to a grocery store with his girlfriend and two of his five children. He got out of his car and saw a Hispanic male later identified as Castro urinating in the parking lot. Because he was with his girlfriend and children, he said to Castro, “Come on, man.” Castro responded, “Oh, my bad.”
Castro looked C. up and down and asked for a cigarette, and C. told him he did not smoke. C. was wearing blue sandals at the time. Blue is the color of the Sureno gang, a rival of the Norteno gang. Nortenos wear the color red. However, because C. was a dropout, he believed he could wear whatever color he wanted. C. knew that Nortenos were supposed to react, often with violence, when they encounter Surenos. Castro asked C. if he “banged” and if he was a “scrap,” which is a derogatory term for a Sureno. C. smirked and told Castro he was not a scrap and said he was with his kids. C. kept walking and saw Castro reach toward his waistban
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