People v. Chambers CA4/3

STATEMENT OF FACTS AND PROCEDURAL HISTORY

We limit our discussion of the facts to those necessary to decide this appeal.

1 Subsequent statutory references are to the Penal Code unless otherwise indicated.

2 I.

THE HOOKAH LOUNGE INCIDENT

On August 25, 2019, there was an incident in which John Doe 2 (JD2),2 a 4 Blocc Gang member, and Chambers went to the Hookah Lounge, a location known for gang activity in San Bernardino. JD2 was armed with a loaded 9mm Beretta handgun. Once at the Hookah Lounge, JD2 met up with an individual named Remy Moore. Moore was also armed. Later that evening, JD2 and Moore were involved in an altercation with Vernon Singleton, who “was drunk and disrespecting the women” at the bar. Later, in the parking lot, Singleton pulled up in his car and began shooting at JD2 and Moore. JD2 aimed his gun in the air and fired what he described as warning shots. Moore returned fire. JD2 left the scene. JD2 described Moore’s vehicle as a silver Nissan Sentra.

II.

THE AUGUST 26 SHOOTING

The next day, two friends, John Doe (JD1) and Nitesh Kumar drove to JD1’s apartment. As they walked through the apartment parking lot, a car matching Moore’s Nissan drove slowly…