People v. Godinez

In People v. Godinez (1992) 2 Cal.App.4th 492, Godinez, and another Shelltown gang member challenged to fight three members of a rival gang, Old Town National City Insane Boys (O.T.N.C.), who had stopped in Shelltown territory to get gas. As their vehicle drove away from the gas station, two of the O.T.N.C. members decided to accept the challenge, jumped out of the car, and ran toward Godinez and the another Shelltown gang member. (Id. at pp. 495-496.) Five more Shelltown members appeared and Sandoval, one of the two O.T.N.C. members who accepted the challenge, saw he and the victim were outnumbered. Sandoval ran back to the car. The victim realized his predicament too late. Godinez punched him in the face, causing him to fall to the ground. The group of Shelltown members began punching and kicking the victim as he lay face down. One of them made stabbing motions toward him. (Id. at p. 496.) The victim died from his knife wounds suffered in the skirmish. (Id. at p. 497.) Godinez was convicted of voluntary manslaughter as an aider and abettor. (Id. at p. 499.) The gang expert testified about the gang subculture, the fact that Shelltown and O.T.N.C. were rivals, and that there had been violent confrontations between these gangs in the past. (People v. Godinez, supra, 2 Cal.App.4th at p. 497.) Rejecting Godinez's contention that a homicide was not the natural and probable consequence of a gang attack, the court held that based upon the gang expert's testimony that gang confrontations are violent, often very brutal, "and the common knowledge that an unfortunate reality of modern times is that gang confrontations all too often result in death (which jurors are entitled to consider), there was ample evidence from which a jury could have found the homicide was a natural consequence of the gang attack Godinez aided and encouraged." (Id. at p. 500.)