In Re Rico

In 1993, petitioner Daniel Rico was convicted by a jury of second degree murder with a principal-armed enhancement. He was sentenced to a term of 16 years to life in prison. In 2007, the Board of Parole Hearings (BPH) for the third or fourth time found Rico unsuitable for parole, based solely on the gravity of his commitment offense. Rico challenged the BPH’s 2007 decision by way of a petition for writ of habeas corpus in the superior court, which was denied. He then petitioned this court for relief, urging that the BPH’s decision was not supported by “some evidence” he poses a current threat to public safety. We issued an order to show cause and requested the appointment of counsel for petitioner. We now conclude that the BPH’s decision to deny parole is not supported by evidence that Rico’s release would pose an unreasonable threat to public safety. Accordingly, we grant the writ petition.

FACTUAL AND PROCEDURAL BACKGROUND

1. The commitment offense.

In 1992, Rico, who was 19 years old, was a member of a gang known as The Magician’s Club (TMC). He owned a primer-gray painted vehicle. In early March of that year, members of the rival White Fence gang shot at Rico’s car…