People v. Styre CA6

I. BACKGROUND

A. TRIAL EVIDENCE

1. The Shooting

Defendant shot Bridger Fleming in a San Jose grocery store parking lot in September 2019. At the time of the shooting, defendant and Fleming were both in an open relationship with a woman named Salina. Defendant started seeing her about six weeks before the shooting and knew Fleming through her. Each man was aware she was seeing them both. All three were living unhoused. Defendant lived in his car. Fleming lived in a campsite near the parking lot where he was shot. Salina sometimes slept at Fleming’s campsite and sometimes in defendant’s car. She testified that during that time she was regularly using drugs—including crystal meth, marijuana, alcohol and cocaine—with both Fleming and defendant. Defendant testified that about two weeks before the shooting, he got into a fight with Fleming (who was much smaller than defendant) in which he punched Fleming and knocked him to the ground because Fleming was being disrespectful. Defendant testified that after the fight, Salina told him Fleming had acquired a small revolver. A few days before the shooting, defendant illegally obtained a .22 caliber bolt-action rifle…