People v. McCoy CA1/5

BACKGROUND

A.

1.

At 11:49 p.m. on September 4, 2022, the 17-year-old murder victim, Anthony Westbrook, Jr., was gunned down in a drive-by shooting in front of his grandmother’s house. The shooter fired out of the rear passenger window of the car. At the scene, a shell casing from a .40-caliber round, stamped “CCINR 40, S and W,” was recovered from the street.

The victim’s father, Anthony Westbrook, Sr., witnessed the shooting from the front porch of the house. The victim’s identical twin brother was also nearby at the time.

Minutes after Westbrook, Jr. was pronounced dead at the scene, Detective Kristian Palma spoke with his father. Westbrook, Sr. stated that the car was a “black or dark colored Infinity four-door or import-type sedan,” and that the shooter was seated in the right rear passenger seat and was armed with a handgun. Westbrook, Sr. described hearing approximately six gunshots.

Just before 3:00 a.m., another detective, Adam Duffy, talked to Westbrook, Sr. on the front porch. Westbrook, Sr. told Duffy that he was sitting on the porch when his son was shot. A dark-colored, possibly red, sedan pulled onto their street and the rear passenger fired several gunshots…