People v. Hernandez CA2/5

FACTS

Prosecution Evidence

The Shooting of Dejuan Becker

Dejuan Becker was shot after leaving his house in the area of Belhaven and 113th Street on April 17, 2012.5 Before the shooting he heard someone inside a green or black car say, “Fuck blacks.”6 He saw two young Hispanic males, one with long hair, inside the car, but Becker was not sure if the driver or passenger was shooting. He saw the passenger with guns but cannot say if the driver had a gun and never saw the driver

3Because we reverse the convictions in count 1, we need not address defendant’s contention that the sentence in count 3 should be stayed under section 654.

4The factual summary omits the testimony relating to the gang, hate crime, and great bodily injury allegations, all of which were found not true by the jury.

All dates are in 2012, unless otherwise stated.

6The first time Becker mentioned hearing someone yell, “Fuck blacks,” was at the preliminary hearing, 10 months after the shooting.

3 holding a gun. He thinks over ten shots were fired. One of the shots struck and shattered Becker’s right elbow, resulting in him spending four or five days in the hospital. Shortly after the shooting Officer…