People v. Green CA2/5

I. BACKGROUND

A. The Offense Conduct and Trial Defendant was a member of the Carver Park Crips gang. On the evening of August 28, 2013, Jonisha Baker (Baker), Jasmine Ellis (Ellis), and three others were “hanging out” in front of a house in Compton. Baker and Ellis overheard a woman who was not with them say, regarding the Carver Park Crips gang, “fuck their hood” and “they dead homies.” Defendant, who was also on the street at the time, heard the comments. He moved to cross in their direction, but he was stopped by someone. A short time later, a car pulled up beside Baker, Ellis, and their companions, and defendant jumped out of the passenger seat. He asked which of them “dissed [his] hood,” and they all denied doing so. Defendant said, “Yeah. All right. I am going to shoot this motherfucker up.” He got back into the car, and it drove away.

1 Undesignated statutory references that follow are to the Penal Code.

2 Baker then left in her car, but she returned ten to twenty minutes later. She, Ellis, and the others resumed socializing around Baker’s car. Not long thereafter, a car pulled up, defendant got out, and he fired multiple gunshots in the group’s direction—one of which…