People v. Gonzalez

After joint bench trial with 3 co-defendants, Defendant was found guilty of reckless conduct, based on his act of holding a brick and glass bottle in his hand while yelling gang slogans to passing vehicles and pedestrians.State failed to prove Defendant guilty of reckless conduct beyond a reasonable doubt. Police officer was the only witness who testified that he saw "the defendants" throwing bricks, but also unequivocally testified that he did not see any of "the defendants", including this Defendant, throwing bricks. Where multiple Defendants are tried simultaneously, State is not relieved of its burden to make record clearly establishing alleged conduct of each individual Defendant beyond a reasonable doubt. (SIMON and LIU, concurring.)