People v. O'Connell CA3

FACTS AND HISTORY OF THE PROCEEDINGS

We summarize the pertinent facts of the underlying murder from our opinion in People v. O’Connell (March 14, 2023, C093156 [nonpub. opn.] (O’Connell)). Defendant and A.M. were roommates in a house living in separate bedrooms. (O’Connell, supra, C093156.) Defendant’s mother came to visit him at the house in the afternoon of February 6, 2019. (Ibid.) After resting in his room for a while, defendant came into the living room with a 12-gauge pump-action shotgun slung around his shoulder. (Ibid.) Armed with the shotgun, defendant went to the victim’s bedroom; he tried to open the door but it was locked. (O’Connell, supra, C093156.) Defendant banged on the door and yelled to A.M. that he had to “get out.” (Ibid.) A.M. yelled something back. (Ibid.) Defendant then went to the living room and waited, standing, facing the hallway with his back near the wall. (Ibid.) A few minutes later, A.M. came out of his bedroom with boxers on. (O’Connell, supra, C093156.) He paused briefly at his bedroom door and was walking toward defendant with his fists balled up when defendant shot him. (Ibid.) A.M. was not armed nor was he within arm’s reach of defendant when…