Evidence was sufficient to support the convictions of four MS-13 members on charges of violent crimes in aid of racketeering.
The combination of the appellant’s shooting offense as a grossly disproportionate retaliation to a public slight and his after-the-fact engagement of a fellow MS-13 member to help him manage the consequences of the crime suffice to permit the jury to infer the appellant’s gang-related motive. In particular, the excessive nature of the response, which was objectively apparent and involved the appellant shooting nearly a dozen rounds from an assault rifle at the victims, suggests a motive of making a statement rather than merely exacting payback.
Convictions affirmed. Judge Floyd dissented in part.