People v. Windom CA1/2

BACKGROUND

On January 27, 2022, Windom and three codefendants were charged by information with conspiracy to commit murder, the murder of Arnold Marcel Hawkins, the attempted murder of Aaron Patterson, and criminal street gang conspiracy. On or about January 31, 2022,2 the probation department prepared a document entitled “PROBATION OFFICER’S REPORT.” The probation officer’s report lists the pending charges against Windom and identifies the “DATE OF OFFENSE” as March 9, 2021.3 The portion of the probation officer’s report at issue is a two and one-half-page section entitled “INVESTIGATION,” which begins: “According [to] Antioch Police Department report [number],” and then describes, apparently based on the police report, the investigation of an attempted murder at a gas station on February 27, 2021. (Capitalization omitted.) This section concludes: “This police report does not indicate which defendant was identified as the shooter or states [sic] when the defendants were arrested.” (Capitalization omitted.) The probation officer’s report describes the criminal acts of the shooter and does not suggest that any person aided or was present with the shooter. In May 2024, in exchange…