People v. Scott CA2/5

I. BACKGROUND

A. The Offense Conduct Defendant, John Armstrong (Armstrong), and Curtis Lowe (Lowe) were members of the Swans criminal street gang. In May 2012, defendant and Armstrong approached victim Patrick Lister (Lister) outside a market and asked where he was from— commonly understood to be a gang-related confrontation. Lister did not respond and entered the market. Defendant and Armstrong followed Lister inside, and defendant tore a gold chain from Lister’s neck. As defendant ran out of the market, Lister gave chase. Defendant, Armstrong, and other members of the Swans gang then attacked Lister. Lowe ran from across the street and joined in the group assault. At some point during the altercation, defendant pocketed the chain. When the attack stopped, Lister’s chest was covered in blood. Lister died days later from a six-inch-deep stab wound that had pierced his heart. The market’s surveillance camera, which captured portions of the attack, showed Lowe walking toward the market from the

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

2 direction of the fight, moving something from his left hand to his right hand, and putting it in his pocket.…