P.

BACKGROUND

On the evening of February 6, 2006, a small group of young people stood in the driveway of a home on Pace Avenue in Los Angeles where Nathan Wheaton and his sister, Nikita Wheaton2 lived with their mother and their brother. The group consisted of Nathan and Nikita; their next-door-neighbor, Joseph “J.B.” Bryant; Bryant’s cousin, Jermaine Scorza; Troy Daniel and his little brother, Antone; and Trarell M., who was 14 years old. At some point, they saw four men walking down Pace Avenue towards them. Before the men reached them, Nathan received a telephone call and went inside his house. When the men reached the group, they stood in a semicircle in front of them. One of the men lifted his black hoodie sweatshirt to reveal a gun in his waistband.

1 Further undesignated statutory references are to the Penal Code. 2 We will refer to Nathan and Nikita Wheaton by their first names to avoid confusion.

2 One of the other men asked the group, “Where you from?” Several members of the group understood that to be a gang challenge. Daniel responded that they were not gang members. As the men came nearer, one of them, who was wearing a red leather jacket, recognized Daniel and shook…