People v. Davis CA1/2

FACTS

Shortly after 10:30 p.m. on March 7, 2010, defendant arrived at Harry’s Sportsman’s Bar in Fairfield. He was wearing three knives on his belt. Around 1:00 a.m., Joseph Pile arrived at Harry’s.3 Defendant and Pile began talking at the bar. At first their conversation appeared to be friendly, but it became confrontational. They stepped outside. Defendant made a derogatory comment about Pile’s sweatshirt. He pulled out his knives and said, “I’ll cut you with them.” Pile told defendant to calm down. At some point, defendant went to his truck, which was parked in front of the bar. He rolled down the passenger’s side window. Holding a gun in his hand, defendant said, “I’m going to shoot you.” Pile saw a flash and heard loud pop. Defendant had shot Pile in the upper left thigh.

PROCEDURAL HISTORY

Case No. 274650 On March 16, 2010, the Solano County District Attorney filed a felony complaint against defendant in case No. 274650. Defendant was charged with a single count of assault with a firearm. It was further alleged that defendant personally inflicted great bodily injury upon Pile under section 12022.7, subdivision (a). A preliminary hearing

2 For the sake of brevity, we…