People v. Gilbert CA2/8

Good Law
Court of Appeal of CaliforniaOctober 5, 2021B305234California4,313 words

Opinion

Opinion

Stratton, J.

BACKGROUND

This was a shootout between appellant and complaining witness Beavers. Each shooter said the other shot first. Appellant’s theory at trial was that Beavers was lying and appellant fired second only in self-defense. The shooting occurred in the early morning hours of June 9, 2019 at and around a motel in Compton where Beavers was staying with his girlfriend Ina Jones. Beavers was injured in the shooting and treated at a hospital, where he was questioned by police. Police officers went to the motel on the day of the shooting and recovered seven .40 caliber casings and one bullet fragment. Six of the casings were found on the street.

Further undesignated statutory references are to the Penal Code.

2 Los Angeles Police Department Detective Erik Shear investigated the case. He spoke telephonically with Beavers two days after the shooting, on June 11, 2019, to obtain basic facts. On June 12, Detective Shear obtained surveillance video from the motel. He also found two more .40 caliber shell casings near the back wall of the motel. The motel’s surveillance cameras were motion activated. The People played seven video clips for the jury. Detective Shear narrated the…

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