People v. Pamphile CA2/2

FACTS

Prosecution Evidence Testimony of Curtis Witherspoon and Kelvin Rodell On July 1, 2010, around 10:30 to 11:00 p.m., Curtis Witherspoon, Kelvin Rodell, and Rickey Elliott went to the Bamboo Club in Lancaster. Witherspoon, Rodell, and Elliott were all members of the B.O.P. (Ballers on Point or Bloods on Point) gang. At the club, Witherspoon, who went by the name of “Flirt,” saw other gang members, including Kenny McNeal, of the Weirdo Bloods, and defendant, of the Hoovers. Witherspoon had never seen defendant before but knew he was with the

1 Unless otherwise noted, all further statutory references are to the Penal Code.

2 Hoovers because defendant entered the club with other Hoovers members, including one called Jughead, with whom Witherspoon was familiar. At some point, McNeal called Elliott a “bitch,” and Elliott and McNeal made plans to fight. When the club let out around 1:45 a.m., a large crowd gathered in the parking lot to watch the fight. Elliott took his shirt off in preparation, handed Witherspoon a silver .357 revolver, and told him to put the gun in Elliott’s car. Rodell was standing in the parking lot, watching Elliott, ready to back him up in the fight.…