Atwood said San Miguel's children, aged 3 and 4, slept through the entire incident. He said they were still sleeping when other relatives carried them out of the house so they could stay with their grandmother.

"She was a nice young lady," he said of San Miguel.

Topete has an extensive criminal history, Cox said. He is a known gang member and was listed on the serious habitual offender list when he was a juvenile, Cox said. His criminal lifestyle continued into his adult years.

Topete was charged in both state and federal courts in 2003 with possession of a concealed firearm and possession of a firearm with an obliterated serial number, according to court documents.

The state charge was later dismissed while the federal charge was handled. Topete was sentenced to a year in jail, with credit for time served on the federal charge, in November 2003, according to court records.

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