People v. Wilson CA1/5

BACKGROUND

1.

The background facts are primarily taken from this court’s unpublished opinion in Wilson, supra, A157230. In 2019, Wilson was tried and convicted for the murder of Shawnte Otis, who was shot and killed by two assailants outside a public housing project in San Francisco. (Ibid.; See Pen. Code, § 187, subd. (a)1.)

The victim’s aunt witnessed the shooting and was able to describe one of the two shooters: a light-skinned black male who was 5 feet 9 inches to 6 feet 1 inch tall. Physical evidence from the scene indicated that the shooters used a nine-millimeter pistol and a .45-caliber handgun with RWS brand ammunition. Shortly after the shooting, an eyewitness reported seeing two men run to a charcoal-colored Nissan parked nearby and drive away.

Wilson came to the police’s attention because he was recorded on a surveillance video driving a gray Nissan near the crime scene a couple hours before the shooting. The police subsequently concluded from his cell phone records that his phone was in the vicinity of the shooting the same afternoon and that the phone left the area after the shooting. Searches of an apartment on Montoya Street in San Pablo, which the police…