People v. Adger CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. A sole perpetrator shoots the victim As the case resolved before trial, we take our facts from the testimony at Adger’s preliminary hearing.2 On October 24, 2013, around 9:40 p.m., Los Angeles Fire Department firefighter Jeffrey Darney was in his fire truck on Caswell Avenue in Pomona when he heard what he thought were fireworks. He turned around and “saw that it was actually somebody shooting somebody else.” The shooter was holding a gun, “physically pointing the gun at the other gentleman and shooting.” Darney first heard two shots; then after he turned he “heard maybe another four or five after that as [he] was watching.” The shooter ran south on Caswell. The fire truck also went south on Caswell, then turned on Holt. Darney saw the shooter run “across a big patch of grass.” The shooter “eventually caught up with” the fire truck, and “was, basically, running right next

References to statutes are to the Penal Code. Effective June 30, 2022, former section 1170.95 was renumbered section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) We provide this summary only for background. As discussed below, “we need not credit…