People v. Superior Court (Ronald H.)

People seek a writ of mandate directing the respondent court (1) to vacate its order directing People to produce a percipient witness at a juvenile detention and fitness hearing, and (2) to conduct the hearing in accord with the standards set forth in Welfare and Institutions Code section 707.

We hold percipient witnesses are not required at either a juvenile detention hearing or a fitness hearing. The petition is granted.

Discussion

Ronald H., a member of the Rascals Diamond Street Gang, is charged with first degree murder. (Pen. Code. § 187.) The incident leading to the murder began at a party with a physical altercation between several Rascals and members of a rival gang. When the victim attempted to flee, he was pursued by Ronald H. and five or six other Rascals. The victim was knocked to the ground where, according to two witnesses, Ronald H. shot the victim.

Following the arrest of Ronald H., the matter was set for detention hearing pursuant to Edsel P. v. Superior Court (1985) 165 Cal.App.3d 763 [ 211 Cal.Rptr. 869 ], which requires the People to establish a prima facie case that the minor committed the offense before application of the presumption that the…