People v. McGruder CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. The charges The People charged McGruder with willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 664, subd. (a), 187, subd. (a)),1 shooting at an occupied motor vehicle (§ 246), shooting from a motor vehicle (§ 26100, subd. (c)), assault with a firearm (§ 245, subd. (a)(2)), possession of a firearm by a felon (§ 29800, subd. (a)(1)), and possession of ammunition by a felon (§ 30305, subd. (a)(1)). The People alleged various firearm

Statutory references are to the Penal Code.

2 enhancements and aggravating circumstances. The People also alleged McGruder has a prior conviction that qualifies as a strike under the Three Strikes law. 2. The People’s case At trial, the People presented testimony from Michael Scott. Scott testified that he was working at a sandwich shop on August 1, 2022. The shop normally closed at 10:00 p.m. However, Scott was the only employee working that night, so he closed the restaurant at 9:00 p.m. Around 9:50 p.m., a white van pulled into the parking lot. A man—whom Scott later identified as McGruder—got out of the van and walked up to the restaurant. The man “bang[ed]” on the restaurant’s…