People v. Medina

Facts

The defendants, all a part of the same gang, were at a New Year’s celebration. When Ernie Barba arrived at the house, the defendants’ repeatedly asked him, “Where are you from?” The owner of the house, Manuel Ordenes, knew that when a gang member asks another gang member “where are you from?” he means “what gang are you from?” He also knew that, if the inquiring gang member was an enemy, the question could lead to a fight or even death. Wanting to avoid problems in his house, he told them to go outside.

The three defendants, Jose Medina, George Marron, and Raymond Vallejo, left the house and joined Barba on the front porch. Barba told them that he was in a different gang and a fistfight broke out. Ordenes attempted to break up the fight and eventually Ordenes was able to pull Barba away and escort him to his car. Medina walked into the middle of the street and shot repeatedly at Barba’s car as it drove away. Barba died of a gunshot wound to the head.

All three defendants were convicted of murder. Medina was guilty as the actual perpetrator, while the others were guilty as aiders and abettors. They appealed, and the Court of Appeals affirmed the gunman’s conviction (Medina), but reversed the participants’ convictions on the grounds that the death was not a reasonably foreseeable consequence of the fistfight. The State appealed.