People v. Mercado CA3

BACKGROUND

The People charged Mercado with a single count of murder (Pen. Code, § 187, subd. (a)), alleging that he “willfully and unlawfully and intentionally and with malice aforethought murder[ed the victim], a human being.”1 The People also alleged firearm enhancements under sections 12022.53, subdivision (d) and 12022.5, subdivision (a). I. At trial, Mercado acknowledged that he shot the victim, who later died. The principal contested issue was whether Mercado acted in self-defense. Security camera footage from a home near the shooting was played for the jury. A detective testifying about the video explained that it depicted Mercado riding on his skateboard on the sidewalk in one direction, while the victim was riding a skateboard in the road in the other direction. Mercado stepped off his skateboard and walked across a strip of grass dividing the sidewalk from the street; the victim was still on his skateboard and entered the camera view. Mercado was in a “shooting stance” as the victim stepped off his skateboard. About one second later, Mercado shot the victim, and the victim fell to the ground. The video did not have any audio.

1 Undesignated statutory references are to…