closing argument without any basis to codefendant jose garcia how the position of security was in the gang and as such revenue garcia had a gun and knew that he would use that gun to shoot gabriel concert i focus my comments this morning on issues contained in yes that quote and they didn't make concessions is that correct answer yes however regular to not make a confession confession in fact he repeatedly denied any involvement in the murder his first degree murder which is to the city in the name of park he did say that he made the comment in the story that he walked out that he was looking to fight the guy but that's not what this state told the grand jury the state told the grand jury that he confessed to this and they were told a grand jury that there was a proposition that there is no way are you so far it is the grand jury being told that a defendant who is not confessed has in fact confessed so long as there is so much evidence of some said ten to her shoots and ten times hitting him once and killing him if that was all that the grand jury was told they would have been able to find probable cause to believe that regular committed first degree murder and for that reason his due process rights were violated and the enterprise and in the course of that criminal enterprise someone maybe unforseen or i don't know one additional crime occurs then the person is accountable to the principal for that additional crime here there was never an original agreement there w which he said was trash talking which he really didn't think is as he wasn't looking for gang banging he was going back to this earlier part faith that they had had and that's what he was looking to do is go out and find this guy again because they had had this earlier disagreement and between the counter and and the parking right there was not enough time for kirsty and regular to come to some common understanding because they didn't know what the other's intentions were  nothing there was nothing there was no play in the beginning that this shooting came out of that rubble or should be held accountable for it because there was nothing there is no time in this state trying to enter the game and it's to show this comm banded together to go and kill him because he was a rival gang member there at the scene to present any evidence as to that somebody only with rattlers statement that this wasn't about gang banging that he was on his own plan to avenge his earlier bar fight couldn't the jury if you do the video and draw their own conclusions to the contrary of what your client's position i think that the video goes it support you appreciate that gets with how you view it but is it under the standard that we have to apply could the jury view that and determine otherwise certainly the jury could do that but under the requirements of the common design plan there was the video doesn't show i did not have a plan there's no there has to be something between garcia and rebel are for him to be held accountable for garcia's acts and there is nothing in the video from the counter to the parking lot that shows that they were in this together yes they're walking side by side but there's nothing there's nothing in the record that shows that they have a common design a common understanding to do something and that this murder occurred as a result of that this case that is directly on point with the first district's decision of people b is try out where they define it was a passenger in a car pulled up in front of a building where two men were sitting the defendant enactments of the car exchange being signs and words between men and the defendant got out of a car with a tire iron tire iron to threaten the two men and meantime one of the other sustain the states for the trial so however there was a gang expert who testified he talked about the culture of the games garcia it was a game we knew the other defendant the third guy we don't know anything about and only thing that i think was absolutely chilling to show that there was a common design was garcia had his hand in this pocket the other guys had beer they were holding our cans of drinks immature it was engage in inciting this guy and would behind it is standing there it like clearly not interested in gauging in any kind of a friendly fight it's as they want to do as the defendant wants to characterize it he with a charge of first degree murder and it was written in the it was written in the alternative so the only grand jury handed now the most immunity garcia was the sure the shooter they had to know that this is is being considered as soon who's responsible for the conduct of the other person and so he was directly involved with it true the officer gave it is according to him or he on the questions were not models of clarity but there what he ruled on this or whatever it was and you were able to look at this and say we're looking at all the evidence was there are enough there for this grand jury do find probable cause an answer is yes it wasn't it it's not enough the you know it's not proof beyond a reasonable doubt it's probable cause that he was involved in this murder it excluded these these  answered yes  asking the question again please but the question is they will confess is the implication that they confessed to the same thing i don't know but it's not perjury no  the grand jury will just because you read it is obviously easy to process violation if there was an intentional misleading of the grand jury the question is if we take that out is there still enough evidence against this defendant now r c m yes because he without saying anything else the defendant still would have been culpable for the spontaneous acts of another person it wasn't spontaneous there was this is your scenario it certainly sound first degree murder and is want to touch briefly on the game but instead the stupid up again membership is not sufficient to establish countability guilt by association is not ok and knowing that knowing that this is going evidence was not sufficient to establish a common design that's why i have stayed in closing argument made up the fact that jose jose garcia was security for the game that red alert knew he was security and that regular knew that as security he would be carrying a gun and