People v. Murray CA3

FACTS AND PROCEEDINGS

In 2004, Jeffrey Jones shot Dewayne Jackson when Dewayne tried to break up a barroom brawl. Because Dewayne Jackson and his brother, Dwight Jackson, share the same surname, we will refer to them by their first names. Dewayne was paralyzed by the shooting and is confined to a wheelchair. Subsequently, Dewayne testified against Jones at Jones’ criminal trial and Jones was sentenced to 44 years in prison. Approximately four years later, on September 12, 2008, Dewayne and his brother Dwight went to a house in Stockton where Dewayne’s friend, Mario, ran a makeshift

2 barbershop. Several people were there when they arrived, including defendant and his friend Anthony Crosby. Dewayne greeted everyone, but defendant would not respond. After speaking with someone on his cell phone, defendant left the room and went outside. Dewayne, Dwight, and Crosby, along with two others, stayed in the house. Defendant returned 30 minutes later carrying two guns, described as a black .9 millimeter semiautomatic and a black .22 caliber gun, and pointed the guns directly at Dewayne. Defendant told Dewayne he was “sorry for [Dewayne’s] situation,” but that defendant’s brother had shot…