People v. King CA5

STATEMENT OF FACTS3

I. Prosecution case-in-chief

On October 2, 2011, at approximately 6:00 a.m., police officers were dispatched to 2193 South Martin Luther King Junior Boulevard in Fresno, the location of an apartment complex known as “the Brownies.” Upon their arrival, they spotted Atilano lying prone “in a pool of blood” next to his minivan. He was bleeding from his left ear and breathing laboriously. One of his pants pockets had been “turned inside out” and “there was some loose change around his body.” Atilano was transported by paramedics to Community Regional Medical Center, where he died on October 8, 2011. The autopsy concluded that the cause of death was brain perforation inflicted by a bullet fired at least two feet away. Crime scene investigators examined the interior of Atilano’s van. They found blood stains on the driver side front seat and door panel; bullet holes in the passenger side front seat and door panel; a “clump of dark colored hair and possible body tissue” on the passenger side door panel; an open glove compartment; the vehicle owner’s manual on the passenger side floorboard; and a bullet lodged in the passenger side floorboard. A latent fingerprint…