People v. Summers CA2/2

BACKGROUND

I. Facts2

On the morning of February 20, 2004, Leavar Williams (Williams) knocked on the door of defendant’s residence. (People v. Summers (Nov. 28, 2005, B176847) [nonpub. opn.] (Summers).) “[Defendant] answered the door. After the two men spoke briefly, [defendant] came out of the house and swung at Williams, but he missed and fell. As [defendant] lay on the ground, Williams kicked him twice. [Defendant] ran into the house and came out with a shotgun. . . . [Defendant] fired two shots, and Williams began running down Figueroa Street.” (Ibid.) “As Williams ran down the street, [defendant] got into his van and followed him down Figueroa Street.” (Summers, supra, B176847) Sedrick Johnson (Johnson) “saw Williams walk[] across the street” and “throw his arm up in the air. [Johnson] then saw a van drive by and make a U-turn. Williams walked toward the van. He did not appear to be angry or agitated and he did not have a weapon. As he stood two or three feet from the van, he exchanged words with the driver. Johnson then heard a ‘pop.’ As the van sped off, Williams ran towards Johnson, holding his side and calling for help, stating that he had been shot.” (Ibid.)

We…