People v. Sullivan CA1/5

BACKGROUND

The shooting occurred on June 24, 2013, just before 1:00 p.m., at the intersection of West Point Road and Middle Point Road in the Bayview/Hunter’s Point neighborhood of San Francisco. B.K. had been sitting in Rice’s lap at a bus shelter. This intersection was “ground zero” for an active criminal street gang—Westmobb. Big Block (also called Harbor Road) was a rival gang in the same neighborhood, but its territory was centered around the 700 block of Kirkwood. Rice was a member

1Undesignated statutory references are to the Penal Code. 2Sullivan has filed a related petition for a writ of habeas corpus (No. A170251), which we address by separate order. 2 of the Westmobb gang. Before the shooting, he had told B.K. about trouble with “the Harbor crew.”

The car used in the shooting, a green Ford Escape, was identified within minutes by law enforcement watching surveillance video. One of the two videos played for the jury shows the two shooters—the first shooter wore a grey hoodie and shot out of the Escape’s driver’s side rear window, and the second shooter wore a black hoodie, white t-shirt, a baseball cap, black and white sneakers, and gloves, and shot after exiting the…