People v. Ware CA2/4

BACKGROUND

Prosecution Evidence Around midnight on February 9, 2014, after attending a nightclub to watch a family member play, Kysean Smith and other family members returned to a parking structure on Shatto Place in Los Angeles where they had parked. The group included Clay Casey (Smith’s father), Felicia Medford (Smith’s mother), Deandra Foster (Smith’s cousin), and Lauren Lucas (Smith’s wife). Casey got in his Chevrolet Suburban as the driver, with Foster in the right front passenger seat

1 In the attempted murder counts, the jury found not true allegations of premeditation and deliberation (§ 664, subd. (a)) and of firearm use (§ 12022.53, subds. (b), (c), and (d)). The jury also convicted defendant of two counts of assault with a semiautomatic firearm as lesser included offenses in the attempted murders, but the trial court later dismissed those charges. Undesignated section references are to the Penal Code.

2 and Medford in the passenger seat behind Casey. Smith got into his Dodge Charger with Lucas. As Casey was pulling out of the lot, defendant approached the driver’s side of Casey’s Suburban, and from about seven feet away began firing repeatedly into the vehicle.…