People v. Johnson CA1/4

BACKGROUND

“The day before the murder at issue, Joe G. celebrated his birthday with his cousin, Torian H., and his friend Tyron I. Several other people were at his party, some of whom were friends of Joe and some of whom were friends of Tyron. Joe met defendant, a friend of Tyron, at the party. “The morning after the party, Torian and Joe discussed purchasing a gun. Knowing that Tyron had a gun, Joe contacted him so Torian could arrange to buy the gun. Tyron was to come alone to Joe’s house. “Tyron arrived with defendant, and the four met inside Joe’s house. Joe then told everyone to move outside because his parents would be returning home. Once outside, Torian pulled out money to buy the gun, and defendant and Tyron pulled out guns. Tyron pointed his gun at Torian, and defendant pointed his gun at Joe’s head. Tyron told Torian and Joe to give them

2 ‘everything you got.’ Torian responded, ‘I’m not letting this shit happen to me.’ He struck Tyron with his fists. As they struggled, Joe yelled, ‘Put the gun down.’ On direct examination, Joe testified that, several times, defendant yelled, ‘Shoot that [N- word].’ On cross-examination, defense counsel impeached Joe with his…