P. v. Guerra
On the evening of July 31, 2004, 16-year-old Juan Gomez went into a market owned by his parents, while his friend, 14-year-old Salvador Cruz waited outside. As Gomez was leaving the market, both he and Cruz were struck by bullets fired from a passing white Mitsubishi. Gomez died from his wounds. Days later, police stopped Marco Guerra, a known 18th Street Gang member. Guerra was driving a white Mitsubishi with damage and other distinctive markings matching those of the car shown in the markets surveillance video. Two other known 18th Street Gang members were with Guerra in the car. After Guerra was arrested, he volunteered to police he was behind the wheel of the white Mitsubishi at the time of the shooting, but he claimed another gang member had forced him at gun point to drive the car. In a later interview, Guerra again admitted to police he had been driving the car when the shooting occurred.
The judgment is affirmed.
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