People v. Wiltshirebeal CA4/1

INTRODUCTION

After he and his friend Samuel Perez had been kicked out of a bar, Damani Jerry Wiltshirebeal shot and killed Kyle Delangel, an unarmed man. A jury convicted Wiltshirebeal of first degree murder (Pen. Code, § 187, subd. (a))1 and found true the special allegation that he personally used a firearm to commit the offense and caused great bodily injury (§ 12022.53, subd. (d)). On appeal, Wiltshirebeal contends (1) there was insufficient evidence to support the first degree murder conviction or to establish that he did not act in self- defense or under heat of passion, and (2) the trial court abused its discretion in denying Wiltshirebeal’s motion to reduce the special allegation enhancement. Finding no merit in these contentions, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

At trial, Wiltshirebeal testified that a little after midnight on the evening of February 19, 2022, after consuming alcohol at Wiltshirebeal’s home, codefendant Perez drove him to a local bar. Wiltshirebeal brought with him his loaded Ruger SP101 revolver, which he left in the side pocket of Perez’s car door when they arrived at the bar. A couple of hours later, after drinking heavily…