People v. O'Neil CA3

BACKGROUND

In 2024, the People charged defendant with murder (§ 187, subd. (a)) and unlawful possession of a firearm (§ 29800, subd. (a)(1)). The People alleged defendant intentionally and personally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)) and that he had two prior strike convictions. At trial, witnesses gave varying accounts of the events leading up to the victim’s death. Matthew N. testified that defendant drove him in a Dodge Challenger to a cul-de- sac off Rio Linda Boulevard to buy heroin. The victim, who had previously had an issue with Matthew, was at that location with a group of people. The victim approached the front passenger side of the Challenger where Matthew was sitting in an attempt to confront Matthew. Defendant told the victim something to the effect of “fuck off” and “I’ll come back and shoot up this whole block.” The victim went to the front driver’s side and hit defendant, breaking his glasses. Defendant sped off. Defendant switched cars, getting into a Mustang. Matthew testified he thought defendant was upset and was going to go back to fight the victim. Matthew explained that this was “just how things are in that…