People v. McCreary CA2/2

FACTS AND PROCEDURAL BACKGROUND

The shooting In the early morning of December 1, 2018, defendant, his nephew Bryson Garrett, and friend Jovan “Headache” Harris were part of a group going to their cars in a Long Beach parking lot. Jacob Cisneros, sisters Jacqueline and Stephanie Herrera,1 and Breanna Alexander were in a Prius. Anna Perez was in another group in a Mercedes. After Cisneros and Jacqueline were seen leaning on defendant’s Impala, defendant’s group confronted Cisneros’s group. A fight broke out, during which Harris punched Cisneros, and struck Stephanie when his fist glanced off Cisneros. The two groups returned to their vehicles, but Alexander, angry that Stephanie had been hit, grabbed a skateboard, ran back, and struck defendant’s Impala several times. From inside his Impala defendant yelled “get down” to Garrett, then fired a shot, which hit the Impala’s ceiling.

As some participants share the same last name, we will refer to them by first name. No disrespect is intended.

2 Defendant got out and fired four more shots at Alexander as she fled. One bullet fatally struck Perez in the chest. After the shooting, defendant got into his car and drove off. The…