In re Xavier A. CA3
Opinion
Opinion
FACTS
On December 13, 2011, defendant (15 years old, at the time) was with three other boys along Mack Road. They followed two girls, and conversed with them. One of the girls asked whether the boys were going to come to her birthday party. Defendant said he would “squeeze the function,” meaning he would shoot up the party. He then pulled out a gun and fired twice into the air. The girls ran across the street. Kristopher Jamerson approached the boys on the sidewalk. Defendant pointed the gun at Jamerson’s stomach and told him to “stick ‘em up.” As Jamerson put his hands in the air, one of the other boys punched Jamerson in the face. The boys took keys, a lighter, a pocketknife, and a cellular phone from Jamerson’s pockets, and then they fled into the neighborhood. Sacramento police officers responded to the scene and soon found and detained the four boys. The items stolen from Jamerson and a gun were found nearby. One of the girls identified defendant as the one who had the gun. A test of defendant’s hands revealed gunshot residue, while tests of the hands of the other boys were negative.