People v. Walsh CA2/8

FACTS

Examined in light of the usual standard of review on appeal (see, e.g. People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence at trial established the following facts. Walsh lived across the street and one door down from Salvador Ceja (the victim) on East Portner in West Covina. At about 10:00 p.m. one night in October 2012, Ceja and his two children and girlfriend returned home from a vacation in the family’s recreational vehicle (“RV”). As Ceja was moving cars out of his driveway and backing the RV into the driveway, Walsh came outside and started yelling at Ceja. Walsh repeatedly yelled statements to the effect that he was “tired of [Ceja’s] shit.” Also: “Your time is coming, mother fucker. You don’t know.” Further: “I’m dying, but before I die, I’m going to make sure I take you with me.”2 Walsh said he could “pick [Ceja] off from anywhere,” and said, “I’m going to kill you.” Walsh’s threats scared Ceja, and he telephoned the police. Walsh also called the police.3 As Ceja waited outside for the police to arrive, he heard a noise that sounded like a shotgun being loaded, and saw Walsh at his house, holding something that looked like the barrel of gun.

1 All further…