People v. Britton CA1/1

BACKGROUND

At the time of the crimes, V.H., a witness, did automotive repair work at an auto shop in Oakland. He had prior convictions for robbery, felony vandalism, and unlawful possession of a firearm, and was on parole when he witnessed the shooting in this case. On the day of the shooting, V.H. was towing a truck when he stopped at the auto shop and went inside to use the restroom. When he went back outside, he walked toward the front of the shop, talking to C.B., a co-owner of the auto body shop. V.H. heard defendant and Omar Abdallah come out of the shop, cursing at each other and having a heated argument. Defendant was holding a handgun that looked like a “nine [millimeter] with an extended clip on it” pointed toward the ground. Defendant and Abdallah continued arguing in the middle of the parking lot. C.B. and V.H. tried to persuade defendant to put the gun away, and V.H. tried to persuade Abdallah to stop arguing. As the argument “got heated,” Abdallah, who was bigger than defendant, “rushed” defendant, hit him, and knocked him on top of a Cadillac, tackling him. Abdallah was atop defendant for a few seconds and hit him three times. Abdallah then “got up off” defendant…