People v. Sherrell CA5

FACTS

In the early morning hours of June 13, 2018, appellant was traveling by car with his wife, Delfina Longoria, and their friend, Matthew Davis. The three had been using methamphetamine together and were out getting gas. According to Davis, while driving after getting gas, they saw someone walking in their direction, and Longoria asked appellant if it was David Steelman, who all three of the vehicle occupants knew. Davis thought it looked like him, but appellant was not sure. Longoria told appellant, who was driving the vehicle, to turn the vehicle around; appellant did so, and “kind of crept up on” Steelman in an alleyway. When Steelman saw the vehicle, he “rushed the car and started socking the window.” Steelman banged on the window twice, and appellant reached for a revolver that was in the door pocket and shot Steelman through the window, shattering it. Davis saw Steelman grab his chest and fall. No one in the vehicle called the police or paramedics, and appellant “sped out of there” without any vehicle malfunction. Steelman was later found lying in the road, having died from the gunshot wound, which was later determined to be from a medium caliber bullet. Davis called the…