People v. Tatum CA1/4

BACKGROUND

A. The Prior Shooting In 1988, 19-year-old Tatum and 17-year-old Terrence Harper “were like brothers” who regularly hung out. In May of that year, Tatum was the target of a shooting, and he believed a woman whom he had met prior to the shooting had set him up. The next day, “in retaliation” for this perceived betrayal, Tatum along with Harper and some other friends shot at the woman’s house while several people were inside. B. The Attempted Carjacking and Killing One month later, Tatum and Harper spent a day driving around, drinking alcohol, smoking marijuana, and flirting with girls. Tatum owned a Mercedes Benz which “needed some engine work,” so he “suggested to” Harper they steal a different one and change the license plates. Tatum armed himself for the planned carjacking, and he facilitated getting a gun for Harper too. That night, L.T. was driving home in a Mercedes.2 L.T.’s adult daughter, C.A., sat in the front passenger seat with one of L.T.’s granddaughters in her lap. In the back seat sat another granddaughter, a niece, and two great-nephews, including four-year-old D.R. At a stoplight in Oakland, Tatum pulled up alongside L.T. and decided her Mercedes…