People v. Gonzales CA2/4
Opinion
Opinion
INTRODUCTION
In January 2016, appellant Brian Gonzales confronted his ex-girlfriend Emily Fox and her new boyfriend Jerred Scott in a hallway outside Fox’s apartment and learned that Fox was dating Scott. Appellant reacted to this discovery by drawing a gun, causing Scott to flee. Appellant pursued him and forced him to return at gunpoint. After discovering that Fox had called the police while he was chasing Scott, appellant shot and killed them both. He was charged with two counts of murder. Each count was accompanied by firearm and multiple murder allegations under Penal Code sections 12022.53, subdivision (d) (section 12022.53(d)) and 190.2, subdivision (a)(3) (section 190.2(a)(3)).1 Count two (the murder of Scott) was also accompanied by an allegation that Scott’s murder was committed during a kidnapping under section 190.2, subdivision (a)(17) (section 190.2(a)(17)). Appellant pled not guilty. At a pretrial hearing, appellant’s counsel indicated he intended to present a “heat of passion” defense and wanted to call an expert to testify about which region of the brain was active when a person acted during the heat of passion.