People v. Silva CA5

INTRODUCTION

Appellant/defendant Anthony Silva confronted his former friend, Jerry Manning, Jr. (Jerry Jr.), who was seated in his vehicle outside the Manning family’s home and fired multiple gunshots at him, wounding him twice. Jerry Jr. stumbled into his house and told his parents and brother that defendant shot him. Jerry Manning, Sr. (Jerry Sr.) went outside and defendant shot him multiple times. Defendant went into the house and attempted to fire a final shot at Jerry Jr.’s head, but he ran out of ammunition. He fled the scene, and Jerry Jr.’s younger brother saw him running away. Gabrielle Vang (Vang), defendant’s former girlfriend, later revealed that he spoke to her a few hours later and said he did “something bad,” he “got into it” with Jerry Jr., and he asked her to provide an alibi. After a jury trial, defendant was convicted as charged of count I, attempted murder of Jerry Sr. (Pen. Code, §§ 664/187, subd. (a));1 count II, attempted murder of Jerry Jr.; count III, malicious discharge of a firearm at an occupied vehicle (§ 246); and count IV, second degree robbery of Jerry Jr. (§ 211), with enhancements for personal discharge of a firearm causing great bodily injury to…