People v. Rossberg CA1/5

BACKGROUND

A.

In April 2023, Rossberg shot and killed his friend Jesus Gallegos at Gallegos’s home in Bay Point. Several witnesses and Rossberg—who had been drinking alcohol and smoking

Undesignated statutory references are to the Penal Code. 1

Because Rossberg entered a no contest plea, we (like the parties) take the facts from the probation report. 1 marijuana—were present when police arrived. Rossberg had blood on his hands and appeared emotionally distraught. He yelled, “ ‘Oh my fucking God, why did I do that?!’ ” When officers asked Rossberg what happened, he responded, “ ‘I can’t say that shit bro.’ ” Rossberg turned to one of Gallegos’s nephews and said, “ ‘I am . . . sorry[.] I owe everything to your fucking family bro.’ ”

One witness told responding officers that the firearm used in the shooting belonged to Gallegos; that Gallegos had been showing the firearm to her and Rossberg before the shooting; and that Rossberg shot Gallegos. A second witness said he was playing on a phone in a room with his younger brother when he heard a loud noise that sounded like metal hitting the floor. That same witness saw Rossberg outside the room. Rossberg was saying, “ ‘Call the…