People v. Phillips CA4/1

STATEMENT OF FACTS

The respondent's statement of facts accurately sets forth the facts in the light most

favorable to the trial court decision and we incorporate it here.

On May 27, 2012, Latrice Cloyd attended a gathering at a San Bernardino

apartment complex. Cloyd argued with her boyfriend, Maurice Major, a West Covina

gang member. When Major hit Cloyd in the face with a closed fist, she walked across the

street and called 911 to report the assault. When she reported the assault, Cloyd stated

that Major had a gun and drugs. Cloyd testified that she lied to the 911 operator about

the gun and drugs because she wanted to "scare" Major, the father of her child, in order to

get him to leave the party.

Cloyd sat on a brick wall across the street from the gathering for about 30 minutes.

A woman approached and told her that someone at the party was "trippin," and about to

start shooting a gun. When she looked back towards the gathering, Cloyd saw appellant,

a Delman Heights Bloods gang member, call Major over to him. Appellant and Major

then argued for about 10 minutes. Cloyd testified that appellant pulled out a gun, aimed

it at Major's chest and began firing.…