People v. Lepe CA1/4

BACKGROUND

Lepe I contains a detailed account of the underlying facts and early procedural history of this case, which we summarize here before turning to the present appeal.

I. The December 2013 Shooting and Investigation

Michael Stenger was a family friend of Lepe’s ex-girlfriend, Ariana M. In December 2013, Stenger was living with Ariana and her family in an apartment in Oakland. Lepe and Ariana had a child together, but he had been convicted of domestic violence and Ariana had a restraining order against him. Lepe also had problems with Stenger. Lepe had been the victim of a shooting in 2012 and he was convinced that Stenger was the person who shot him. Meanwhile, Stenger told people close to him that he was afraid Lepe was going to kill him. On the evening of December 1, 2013, Lepe borrowed his cousin’s car and parked in front of Ariana’s apartment. While Ariana and the couple’s young child were in the car with Lepe, Stenger arrived in a friend’s car and was dropped off across the street. As Stenger crossed the street toward his apartment, he was shot and killed. The shooting was partially captured on surveillance video from cameras on a nearby building. Police traced the…