People v. Stone

Can a person who shoots into a group of people, intending to kill one of the group, but not knowing or caring which one, be convicted of attempted murder? Yes. The mental state required for attempted murder is the intent to kill a human being, not a particular human being.

I. Facts and Procedural History

We take our facts primarily from the Court of Appeal’s opinion.

Around 8:30 p.m. on the evening of October 21, 2005, Officer Mark Pescatore was on duty with two other police officers at a parking lot carnival in Lemoore. Officer Pescatore observed a group of 10 to 25 youths blocking the pathways and moving about the carnival area. About half of those in the group were wearing red, a color associated with Norteño street gangs. One of the officers believed the group was “looking for trouble.” The group included 16-year-old Joel F. as well as Jamal, a Norteño gang member. Sixteen-year-old Camilo M., a member of a Sureño street gang, and his friend Abel Rincon were also at the carnival.

Several members of the Norteño gang called Camilo “scrapa,” a derogatory term for a Sureño, and challenged him and Rincon to fight. Camilo and Rincon decided not to fight and left the…