Wallace

Patrick Daniel Wallace (Wallace) and Willie Pitts (Pitts) were charged with the murder of Tanya Shaw (Shaw). In a joint trial the jury convicted Wallace and acquitted Pitts. Wallace claims on appeal he was denied due process by the denial of his motion for severance and by rulings admitting evidence of postarrest statements Wallace made to police. We affirm the judgment.

Background

During the early morning hours of October 28, 1990, Wallace and Pitts were ejected from Rasputin’s Night Club on West Point Loma Boulevard after they became involved in fights. These two regular patrons, however, were readmitted. Pitts kept talking about shooting someone and was again ejected. Wallace (who had to drive Pitts home) was asked to leave the club with him.

Shortly thereafter four to six .41-caliber bullets were fired from a car at persons in the vicinity of Rasputin’s, killing 20-year-old Shaw and wounding her fiancé, James Wood. Darrin Robinson, Lee Robinson, and Aaron Pollard also suffered wounds. The car from which the shots were fired was owned and driven by Wallace. Pitts was his passenger.

No one clearly saw which of the two did the shooting. One witness saw the driver’s…