You conduct and interview of Manny Garcia as to his involvement in this incident. You remind
Manny Garcia that he is on parole and that his vehicle was involved in a drive-by shooting which
is enough to violate his parole and send him back to prison. You inform him that you are
impounding his vehicle to be held as evidence and that the blood in the front passenger seat will
be collected and tested for DNA.
Manny Garcia agrees to talk to you and provides the following information:
. Manny was driving his car and his homie “Negro” was in the front street.
o “Negro” is also an MS-13 gang member,
o “Negro” had a sawed off shotgun in his jacket for unknown reasons.
o “Crazies” and MS-13 have been having problems. (This is consistent with law
. Manny saw thetre1- drive up on them’from behind and became alarmed. It was then that
he first learned that “Negro” had ashotgun on him.
o Manny had never seen ths Of the driver before.
o When thelq Stopped next to them, the driver challenged them by yelling, “Where ygu
from” and”Crazies!” The driver then brandished a handgun at them and when he pointed
it at them, “Negro” fired one shotgun round at the 54so
o MannY was scared because he is on parole and didn’t wLnt to get caught up in anything
so he drove off.
o MannY didn’t realize that “Negro” was also hit in the exchange of gunfire until a few
o “Negro” has outstanding warrants and refused to go to the hospital for treatment. I “Negro” fled to Mexico because he felt he would be hot and also to get treatment at a
hospital over the border,
o Manny doesn’t know where o’Negro” is and hasn’t heard from him.
o Manny claims that the 5q driver instigated the entire incident.
. MannY will cooperate with your investigation because he doesn’t want his parole
o When you inform Manny that the driver of the 5eq is dead, he insists that “Negro”
acted in self-defense.
What crimes can be charged here using the irac model of application
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