People v. Marshall CA4/3

FACTS

Darrel Hosey, known as “Fat Daddy” and a member of the Dorner Bloc gang, exchanged some words with other men, members of a competing gang. When he arrived at home, he was assured either by Roland, who was nicknamed “Bam,” or the latter’s companion Lecedric Johnson, that he did not have anything to worry about. Hosey asked them for a cigarette; they said they had none and Hosey asked them to come back later if they were able to obtain a cigarette. Some time later, Roland was in another apartment in the same complex with Johnson and Thomas Haywood when others arrived. Two of the newcomers asked to speak with Roland. They stepped out and when Roland returned, he told his

2 companions “[s]omething bad is going to go down” and “[y]ou guys might not want to be here.” After Johnson, Haywood, and Roland were outside, Roland told his companions Marshall “was going to dome Fat Daddy.” Roland then obtained some cigarettes and returned to Hosey’s apartment. When Hosey stuck his head out of the window, Roland showed him a cigarette and Hosey came downstairs. Roland told him they had to wait outside because he was expecting a cousin to bring him some pills. Shortly thereafter, Johnson…