In re Harris on Habeas Corpus CA2/1

BACKGROUND

A. The Shooting On October 3, 2020, Curtis Deturk, Jason McKenney, and Michael Cole sat outside Noho Pizza restaurant in North Hollywood, Deturk playing his guitar. Harris walked past, and after an interaction about which the testimony conflicted, fired his gun five times at Deturk, striking him three times and killing him.

B. Trial The Los Angeles County District Attorney charged Harris with murder and alleged that he personally and intentionally discharged a firearm in the commission of the murder within the meaning of Penal Code section 12022.53, subdivisions (b), (c), and (d).1 At trial, Dr. Scott Luzi, who performed the autopsy on Deturk, testified that Deturk had extremely high levels of methamphetamine in his system at the time of his death, which could cause erratic behavior and violence. Dr. Luzi testified that

1 Undesignated statutory references are to the Penal Code.

2 Deturk suffered three bullet wounds: a grazing wound to the right thigh; a wound in the left buttock at a downward angle; and the fatal wound to the left side of his torso. The order of the wounds could not be determined. Dr. Luzi testified that Deturk was turning away from the…