People v. Faulkenbery CA3

BACKGROUND

On January 28, 2023, defendant entered a bar where he encountered victims C.B., J.T., and M.M.1 The victims confronted defendant because they mistakenly thought he had taken one of their cell phones. Defendant responded: “Give me all your shit. If you’re

To protect their privacy, we refer to the victims by their initials. (Cal. Rules of Court, rule 8.90(b)(4), (10).) 1 going to accuse me of stealing, now I’m going to steal,” pulled out a handgun, and began pointing it at the victims. Defendant aimed his handgun at C.B. and shot her in the left arm, fracturing it, which required multiple surgeries. Defendant then grabbed J.T.’s cell phone and headphones and left the bar. Police officers tracked J.T.’s cell phone to a car in a nearby neighborhood. Police found defendant inside the car. Defendant had a four-hour standoff with police officers after he barricaded himself in the car. Defendant ultimately surrendered and police found J.T.’s cell phone and headphones, as well as the handgun used to shoot C.B inside the car. In July 2023, an information charged defendant with assault with a semiautomatic firearm (Pen. Code,2 § 245, subd. (b); count one), two counts of…