People v. Lawson CA2/3

INTRODUCTION

Defendant and appellant Trevor James Lawson killed Tommy Whitson IV and injured Juan Nunez, after a fight outside a bar. Defendant contended at his trial for murder and attempted murder that he acted in self-defense, in response to the victims’ attack. The jury, however, found defendant guilty of second degree murder and of attempted premeditated and deliberate murder. Defendant contends that the judgment must be reversed because the jury was not fully instructed on the general principles of law concerning self-defense and was not instructed at all on involuntary manslaughter. He also contends that the exclusion of a percipient witness’s out-of-court statements violated his constitutional right to present a complete defense. We reject these contentions and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual Background.

A. The Prosecution’s Case. On October 22, 2011, Whitson and Nunez, the victims, were at Fern’s Bar in Long Beach with Marisol Galvez and Eloy Sotelo. Galvez, Nunez, and Sotelo were Hispanic. Whitson was White. The group drank four 24-ounce cans of beer at Fern’s, although the group had a “round” earlier in the night.1 Around…