People v. Flenory-Davis CA3

FACTS

On July 11, 2010, a gang fight broke out at a party for teenagers at a rented venue on Auburn Boulevard, and two wholly innocent bystanders were shot, 14-year-old Lanajah Dupree, who died at the scene, and C.M., an older teenage girl who survived. The defense theory was to concede the shootings were heinous and unjustified, but contend that defendant was innocent, and Nikko Alexander, the alleged accomplice, blamed defendant to avoid Alexander’s own liability for shooting the girls. A number of teenagers went to a club party advertised online. There were security guards present. At some point, people started running and yelling “fight” and “gun” and then pepper-spray was deployed; when everyone rushed outside, gunshots were fired. A friend saw Dupree die on the ground near the doorway.

_____________________________________________________________________ Further undesignated statutory references are to the Penal Code.

2 Alexander testified his girlfriend told him she was at the party, and he called defendant (“Jay”) and they went together to the party, with Alexander driving. Alexander’s car was white with a black fender and gray bumper. Alexander did not have a gun…