People v. Featherson CA1/3

BACKGROUND

Luckett identified defendant as the assailant who fired shots through her bedroom window in a 911 call, to police officers who responded to the 911 dispatch, and to a detective several days after the incident. She disavowed her identification at the preliminary hearing and subsequently invoked the Fifth Amendment and refused to testify at trial. During trial, her account of the shooting emerged primarily from her 911 call and her preliminary hearing testimony, which were introduced as substantive

1 evidence, and her disavowed prior statements to police, which were introduced for impeachment. Defendant and Luckett were previously in a romantic relationship and have twin children together. However, their relationship ended and in the spring of 2011 Luckett became involved with Damon Black. Defendant was jealous of Black and the breakup was difficult for him. For several weeks before the shooting he called and texted Luckett every day, threatening her, calling her “bitch this, bitch that,” and warning “I’m going to get you and your nigga.” A day or two before the shooting, Black called defendant, told him that he and Luckett were now a couple, and asked him to stop…