People v. Harnish CA2/4

BACKGROUND

Prosecution Evidence On April 19, 2012, around midnight, Darryl Brown and Terry Alexander were at a bus stop bench at Pacific Avenue and Pacific Coast Highway in Long Beach. From across the street at a Mobil gas station, defendant (who is Caucasian) yelled racial slurs and said “I’ll kill all you motherfuckers.” Alexander rode his bicycle across the street. As Alexander approached, defendant pulled out a gun and shot him twice. Alexander, fatally wounded, fell near the gas pumps. Long Beach Police Officer Arthur Vega heard the gunshots and drove to the scene. He saw Alexander’s wounded body at the gas station and defendant walking north on Pacific Avenue. Officer Vega drove toward defendant, and shined his search light at him. Defendant then pulled out a gun and fired twice,

1 All unspecified section citations are to the Penal Code. 2 striking the hood and windshield of the patrol car. Defendant continued to walk out of Officer Vega’s sight. A witness, Silverio Perez, observed defendant change magazines in his firearm. Officer Vega and a back-up officer, Officer Diaz, located defendant and ordered him to stop and put his hands up. Defendant put his gun down for a…