People v. Wyatt CA1/3

BACKGROUND

In July 2018, the prosecution charged Wyatt with murdering Darrell Daniel, Jr., and alleged he personally discharged a firearm causing great bodily injury and death. It alleged Wyatt shot Daniel, Jr. in October 2016 near the intersection of Willow Street and 11th Street in Oakland. ShotSpotter reported the shooting, and police officers found Daniel, Jr. lying in the street. Officers spoke with two witnesses in recorded interviews. The first said he was near the intersection before and after the shooting (D.K.). When

1 Daniel, Jr. arrived, Televe Johnson — a friend of Wyatt’s — gave Wyatt a gun to kill Daniel, Jr. After the shooting, Wyatt told D.K. that Daniel, Jr. “had it coming.” The second witness was a felon previously convicted of a crime of moral turpitude (E.R.). Just before E.R.’s interview, officers arrested him for murder. Police told him they’d talk to the prosecutor if he gave them information about Daniel, Jr.’s killing. During the interview, E.R. told police he saw Wyatt kill Daniel, Jr. He also said Daniel, Jr. had been shooting people in the neighborhood and threatened to kill Johnson. But at the preliminary hearing, he testified he lied to avoid…