People v. Cook CA2/4

BACKGROUND

Defendants were charged with a gang-related shooting in which Foster was the driver and the shooter; Cook was the front passenger; and Marquis Graham, who entered a plea before trial pursuant to a negotiated agreement, was the rear passenger. The prosecution’s theory was that defendants intended to shoot a rival gang member who drove a car similar to that of the victim and frequented the area where the shooting occurred. The prosecution’s evidence showed the following: At about 10:30 p.m. on December 21, 2011, Foster was driving a silver Dodge Charger on Brynhurst Avenue in Los Angeles. He stopped next to a white Buick Century that also was facing northbound. The driver of the Buick, Tamika Baul, saw Foster’s face before he glanced around and began firing a gun through his front passenger window. After seeing muzzle flashes and hearing bullets striking her car, she ducked down onto the floorboard until the Dodge drove away. She was uninjured and ran to her friend’s house to call 911. Los Angeles Police Department officers who responded to the call found several bullet holes in her driver’s side door and recovered multiple shell casings. Other officers in a nearby…