Massey

The People appeal from an order of the trial court denying their motion to reinstate a felony complaint charging respondent Eugene Jamar Massey with murder. (Pen. Code, §§ 871.5, 1238, subd. (a)(9), 1387.1.) The People contend the trial court misinterpreted the applicable standard under section 1387.1 and erroneously precluded it from filing the felony complaint against respondent. We agree and reverse.

Procedural Background

In November of 1997, respondent was charged by felony complaint with the murder of Darryl Johnson (case No. TA037229). The complaint also alleged that in committing the murder, respondent was armed with a firearm. (§§ 187, 12022.5, subd. (a).) At the preliminary hearing, Los Angeles Police Department (LAPD) Officer Robert Solorza testified that on March 13, 1997, he interviewed Elbert Perry, a witness to the homicide. According to Officer Solorza, Perry said that he was standing near an apartment building in Los Angeles with four or five men, including the victim. Perry stated he saw a male known as “Baby Bop” approach the group, remove a firearm from his jacket, shoot Darryl Johnson, and run away. LAPD Detective William Masterson testified that he…