Wednesday, April 01, 2020

People v. Mariscal (Cal. Ct. App. - March 30, 2020)

I often don't quite understand these gang shooting cases.  The facts are often identical:

Step One:  A gang member sees someone sitting somewhere.

Step Two:  The gang member walks up to the person and says "Where you from?" (That's a gang challenge, essentially asking the person if they're with a rival gang.)

Step Three:  The person, who's not a gang member, accurately responds:  "I'm not from nowhere."  (Read:  I'm a bystander; I'm not in a gang.)

Step Four:  The gang member promptly shoots and kills the bystander.

That's what happens here, for example.  It's a lazy June afternoon.  Not even nighttime.  Some high school kids were sitting on some bleachers in a park in Venice right before a girl's softball game.  The high school kids weren't gang members; they were just hanging out, talking.

And then steps one, two, three and four.

Weird.  I don't get it.  I don't understand how it assists your standing in the gang to kill someone who's not in a rival gang -- essentially at random.  You'd think that'd be a sign that the guy's an idiot, not someone you totally want to hang out it (or depend upon).

P.S. - Is one of the deceased victim's names really "Allan" Mateo?  That's how the opinion reads, as well as a press release from the DA's office at the time.  But almost all the other press reports have his name as "Alan" Mateo.  I wonder who's right.  Regardless:  A totally senseless crime (and death).