People v. Davis CA2/6

FACTS AND PROCEDURAL HISTORY

This appeal concerns crimes committed in Los Angeles by Davis, an East Coast Crips criminal street gang member, against three strangers walking to a neighborhood liquor store. Davis wore gloves and held a firearm; one victim was shot and killed as he fled through a hospital parking lot. Within minutes, police officers located and detained Davis based upon a description of his height and clothing (white T-shirt and black pants with stripe). When detained, Davis had no firearm and a later test of his hands for gunshot residue was inconclusive. Police officers found 13 shell casings of the same caliber at the scene of the shooting. The shell casings had no fingerprints. A surviving victim identified Davis at a field show-up and at the preliminary examination, however, as the lone shooter. Preliminary Examination Transcript Joe Flores and Joe Pineda testified at the preliminary examination in the prosecution against Davis. On May 7, 2010, Flores, Pineda, and Arturo Segura walked to a liquor store near South Main Street in Los Angeles. An African-American man driving a red-colored four-door Pontiac shouted at the three men “to get off the street.” There…