In re E.G. CA1/4

I. BACKGROUND

Late one evening in October 2013, a homeowner heard a commotion near his basement door.2 He saw one person fleeing the area, another standing near the door, and Minor leaving the basement, armed with a gun. The homeowner tried to wrestle the gun away from Minor. He heard the gun “clicking,” as if Minor were pulling the trigger, although the gun was not fired. The homeowner took the gun from Minor and held him down until police arrived. The homeowner’s 15-year-old son was present. His 20-year-old son told police the three suspects came to rob them of marijuana, and that they had taken one large freezer-type bag with marijuana in it. Minor told police he had heard the house had money and marijuana, that he saw it as an opportunity to make money, and that the three intruders had planned the “job.” He said the gun had only four bullets, and that “he had the gun ‘on an empty chamber.’ ” He pulled the trigger during the struggle with the homeowner because he heard the homeowner say he was going to kill Minor because Minor was trying to kill his son. Police officers inspected a revolver found on the scene. The gun had two empty chambers, three live rounds, and one spent…