People v. Desbrow CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

At around 1:30 p.m. on December 31, 2003, Desbrow shot Kevin Santos in the

back of the head on the exterior stairway of an apartment complex. Santos died of his

injuries on February 8, 2004.

Desbrow testified at trial and admitted to shooting Santos, but he claimed it was an

accident. According to Desbrow, he was at the apartment complex to sell

Unless otherwise indicated, all further statutory references are to the Penal Code. 2 methamphetamine, when he heard an argument in the upstairs apartment where some

friends of his lived and where he had been selling drugs a few minutes earlier. The

argument was loud, and Desbrow did not want to draw the police to the apartment

complex with neighbors' complaints, so he went upstairs to calm down the situation.

Desbrow learned that Santos, who was visiting the apartment and who had just bought

methamphetamine from Desbrow, had been fighting with one of the residents of the

apartment, Langston Stevens.

According to Desbrow, to diffuse the situation he took out his gun and "racked a

round." He then pointed the gun at Santos and told him to leave the apartment. As

Desbrow…