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People v. Rizo4/24/2002
In a joint trial before two juries, defendants Ivan, Salvador, Jesus, Cesar, and Victor Rizo were convicted of second degree murder. Ivan, Salvador, and Cesar also were convicted of two counts of assault with a firearm. Ivan's jury found he personally used a firearm. The juries found as to each defendant that a principal was armed in all three offenses.
Ivan received forty years to life. Jesus, Cesar, Salvador, and Victor received 15 years to life with additional concurrent time. We affirm the judgments.
FACTS
Defendants are family members and resided together in Pomona when the offenses occurred. Ivan, Cesar, Salvador, and Victor are brothers. Ivan is the oldest. Jesus is the other defendants' cousin.
On the evening of February 8, 1999, Miguel Santoyo and his friend Benjamin Galvan went to a Riverside night club known as El Castillo. Ivan and Jesus also were at the night club. As discussed more fully post, Galvan had been involved in fights against some of the defendants on two prior occasions.
After Ivan and Jesus saw Santoyo and Galvan, Santoyo saw Jesus make a call on a cell phone. Phone records showed a call was made to defendants' address in Pomona at 12:18 a.m. on February 9, 1999, on a cell phone for which Victor was listed as billing party.
Ivan and Jesus approached the table where Santoyo and Galvan were sitting. Ivan said to Galvan, "I am going to kill you tonight, motherfucker." Jesus said, "This is Krazy Crowd."
At some point during the evening, Ivan struck Galvan in the mouth. Security personnel escorted Ivan and Jesus out of the club.
At around 2 a.m., as the club was about to close, Ivan and Jesus came back in. Ivan said they would be waiting for Galvan outside and were going to kill him.
Santoyo, Galvan, and two of Galvan's cousins who had been with them went outside. Santoyo saw Ivan, Cesar, Salvador, and Victor in a group of 10 or 15 people across the street. Members of the group were yelling, "Krazy Crowd." Someone said, "They are going to kill you tonight."
Santoyo and Galvan went to Santoyo's car. Santoyo heard voices saying " ome here" and " e're going to jump you." A group of people, including Ivan and Victor, started jumping Galvan. Ivan knocked Galvan to the ground and struggled with him. Victor was hitting and kicking Galvan. Salvador was holding Santoyo, and he and Cesar were telling Santoyo not to intervene.
Galvan's two cousins approached the fight, and they and Santoyo helped Galvan fight back. Others approached and also helped Galvan and Santoyo. Earlier, Galvan had asked a group of people in the club to help him, because he knew he was going to be jumped.
Santoyo saw Salvador run to a car. When he came back, Salvador handed something to Ivan, Victor, and Cesar. Ivan and Cesar started shooting toward Santoyo's car. Santoyo also saw Victor and Jesus with guns, but they were not shooting.
The shooting stopped, and the fighting resumed. Cesar drove a car between Santoyo and Galvan, causing Santoyo to lose track of Galvan.
Santoyo heard someone yell that somebody had been shot. He saw Galvan on the ground in the parking lot. He did not see who shot Galvan.
Witnesses other than Santoyo also saw one or more persons shooting but were unable to identify them. Thus, Santoyo was the only witness connecting defendants with the shooting.
Galvan died of a gunshot wound to the chest, inflicted from a distance of six to twelve inches. The wound appeared to have been caused by a .25 caliber bullet. Galvan also received a nonfatal wound to the mouth, which also appeare
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