People v. Thomas CA5

STATEMENT OF FACTS

The Trial Prosecution’s Case On May 30, 2017 at approximately 8:00 p.m., Thomas invited Jason Broyles into his home to play video games and drink alcoholic beverages. Thomas and Broyles were acquaintances and neighbors. During the course of the evening, Broyles and Thomas had several drinks and consumed marijuana. As Thomas became intoxicated, he became aggressive. Following a heated discussion over prison politics, a verbal altercation ensued between Broyles and Thomas. As Broyles was speaking with Thomas’s mother, he heard Thomas yell, “ ‘I’m going to f-ing kill you.’ ” When Broyles turned to look at Thomas, he observed Thomas pointing a .25-caliber semiautomatic handgun at him. Broyles threw up his hands up and asked Thomas what he was doing. Thomas shot Broyles in the arm. Defense’s Case Thomas’s mother Deborah, with whom Thomas lived at the time of the shooting, testified at trial. Deborah claimed Broyles was preparing to leave the home around 10:00 p.m. when Thomas told Broyles, “ ‘Don’t ever disrespect my mom.’ ” Thomas was pointing a gun at Broyles. Deborah told Thomas to put the gun down. Thomas lowered the gun but kept it by his side. Broyles and…