People v. Jones CA3

BACKGROUND

One night in January 1999, Jones went to a makeshift shelter under a tarp behind a liquor store where D.C. and his girlfriend C.O. were living. Jones threw back the tarp and saw C.O. by the light of a streetlamp while D.C. remained in the dark. Jones pointed a gun at C.O. and demanded “everything you got.” D.C. started to explain they had nothing. Jones fired five times, shooting C.O. in the chest and killing her and shooting D.C. in the hand. Jones fled the scene. When interviewed by detectives, Jones said he went to the shelter to steal something, not expecting anyone to be there, and fired the gun when he saw D.C. reach for something. Detectives found the gun where Jones said he hid it. Bullets taken from the victim’s body and the scene were matched to the gun. A jury found Jones guilty of first degree murder (§ 187, subd. (a); count one) and found true Jones intentionally and personally discharged a firearm in the commission of this crime (§ 12022.53, subd. (d)). The jury further found Jones guilty of assault with a firearm (§ 245, subd. (a)(2); count three), finding true that Jones personally used a firearm (§ 12022.5, subd. (a)(1)) and caused great bodily injury…