People v. Settles CA2/8

BACKGROUND

On December 10, 2016, appellant’s uncle, 16-year-old Tyrone Davis, was killed in a suspected gang-related shooting. Davis, known as “50 Bang,” was a member of the 5557 Neighborhood Crips (5557 Crips). The 5557 Crips were part of the Rolling 50s gang. Appellant was a member of the Rolling 50s gang and the 5557 subset; he was known as “BK7.” The 62 Brims, rivals of the Rolling 50s, were believed to be responsible for shooting Davis. In a discussion of Davis’s murder on Facebook two weeks after the killing, a friend told appellant he should get a gun. Appellant replied on Facebook that he had one. On April 4, 2017, Cody McCoy, a 5557 Crips gang member known as D5, was shot in the ankle in a drive-by shooting on 56th Street, in an area claimed by the 5557 Crips. Surveillance video of the shooting showed a black sedan and a gold Lexus travelling down the street. Raven Hall, a 19-year-old member of the 112 Neighborhood Crips, also associated with the Rolling 50s gang, was present at the shooting. She testified at trial pursuant to a plea agreement. According to Hall, McCoy and appellant were in the front yard of a house and began making gang signs as a car drove by. Someone…