Killebrew

This case involves the use of expert testimony about criminal street gangs. Lloyd Glenn Killebrew was convicted of conspiring to possess a handgun, a felony. (Pen. Code, §§ 182, 12031, subd. (a)(2)(C).) Killebrew did not have a handgun in his possession, but it was alleged that he was part of a conspiracy to possess the handgun. At trial, a police officer testified as an expert on gangs to establish not only Killebrew’s membership in a criminal street gang, but his subjective knowledge and intent to possess the handgun.

We conclude that the testimony about Killebrew’s subjective knowledge and intent was inadmissible and that the evidence was insufficient to establish that Killebrew was involved in a conspiracy to possess the handgun. Accordingly, we reverse the judgment.

Factual and Procedural Summary

In the early evening hours of August 6, 1999, at Casa Loma Park, members of the Country Boy Crips criminal street gang, as well as many women and children, attended a gathering to honor a friend who had died. A black Jeep Cherokee drove by the park. Gunfire from a rifle erupted from inside the vehicle. At least two people were killed. The shooters identified themselves as…