People v. Acosta CA3

FACTS AND PROCEDURE

During the evening of September 10, 2010, defendant and his friends Jimmie Turner and Sean Olivas drove around together in Turner’s two-door Buick Regal. Defendant had a gun in his lap. The gun looked like the gun Turner saw defendant holding when he made a YouTube video at Turner’s house. Olivas drove, with Turner in the front passenger seat and defendant in the backseat behind Olivas. Eventually, they picked up Slape and Sylvia Broderick, who both rode in the backseat with defendant. Slape was wearing a heavy gold chain. Defendant wore a long-sleeve, red shirt, along with dark colored pants. He did not wear a hat. Turner wore a short-sleeve, black shirt, with dark pants and a hat. And Olivas wore a black and white sweater. Olivas lost his phone, and he repeatedly asked Slape about it. The group arrived at an apartment complex, where everyone except Turner and Olivas got out of the car. As Slape was going into an apartment, Olivas asked again about the phone. Slape went to the driver’s side of the car and bent down to speak to Olivas. Defendant, who was about three feet behind Slape, shot Slape in the head. He stood over Slape, who had fallen to the ground,…