People v. Brown CA3

FACTS

We begin with undisputed facts. On November 13, 2011, at about 8:30 p.m., Nehemiah and Garvin walked to a fast food restaurant on Elkhorn Boulevard in North Highlands. At the restaurant, Nehemiah called a friend, Trayvion Pointer, and asked for a ride. Pointer, who was on a date with Marquell Witten at the time, drove to the restaurant with Witten in the front passenger seat and picked up Nehemiah and Garvin, who got into the back seat. Pointer was driving a Volvo.

2 Meanwhile, defendant was in the back seat of a Chevy Malibu in the restaurant’s drive-through. The Malibu belonged to Alexander Ford, who was seated in the front passenger seat. The driver’s identity was disputed. Defendant had previously been “jumped” by friends of Nehemiah and Garvin over the outcome of a dice game. Because of this, “hard” looks were exchanged between occupants of the two vehicles. The Volvo then exited the restaurant parking lot, drove eastbound on Elkhorn Boulevard, and entered Interstate Highway 80 (I-80) heading westbound. The Malibu followed, caught up to the Volvo as it entered the freeway, and pulled up along the driver’s side of the car, at which point the Malibu’s backseat passenger…