People v. Lockett CA4/3

STATEMENT OF FACTS AND THE CASE

On October 30, 2014, Fryman and Lockett were both in downtown San Jose late at night. Fryman was dressed in black; Lockett was dressed in white, including a distinctive white sweatshirt. At about 10:54 p.m., Lockett was seen walking with Fryman’s cousin, L. Wood, in front of a check cashing store at the corner of Second Street and Fountain Alley. At about 11:30 p.m., Wood was walking with Fryman. At about 11:32 p.m., Lockett walked southbound on Second Street and circled back northbound toward the area in front of the check cashing store. At about 11:34 p.m., Fryman and Lockett were arguing in front of the check cashing store, while standing a few feet from each other. Fryman was standing near his friend G. Pedrol, Wood, and another man. While Lockett and Fryman were arguing, Lockett walked in a tight circle, turning his back towards Fryman. Lockett then suddenly spun around towards Fryman with a handgun in his right hand and shot Fryman in the torso. While Fryman was lying on the ground, Lockett shot him four more times; three of the shots entered Fryman’s back. With his left hand, Lockett pulled his hoodie over his face and ran away. As Fryman…