People v. De La Rosa CA3

BACKGROUND

De La Rosa shot Roy Jimmerson to death in early 2020. According to De La Rosa, he approached Jimmerson after noticing Jimmerson attempting to break into a neighbor’s car. De La Rosa told him to stop. De La Rosa carried a handgun at the time but kept it in his pocket. After an exchange of words, Jimmerson moved toward De La Rosa and the two began shoving and punching each other.

1 Undesignated statutory references are to the Penal Code.

2 Shortly after, according to De La Rosa, Jimmerson said, “I’m going to kill you” and “them”—meaning De La Rosa’s wife and brother, who were standing nearby. Jimmerson then again said, “I’m going to kill you,” and reached into his waistband. Saying he “freaked out,” De La Rosa pulled out his handgun and fired nine shots, hitting Jimmerson four or five times. Jimmerson died three days later at a hospital. Following charges, a jury found De La Rosa guilty of second degree murder. (§ 187, subd. (a).) It also found true an alleged enhancement that in committing the murder, De La Rosa personally and intentionally discharged a firearm causing death within the meaning of section 12022.53, subdivision (d). Before sentencing, De La Rosa asked…