People v. Padilla CA5

facts, including the death of DeHaro from a gunshot wound to the chest. The testimony of prosecution witnesses provided the following additional information. When deputies first arrived at the crime scene, they found “numerous fired casings” on the ground and saw bullet holes in windows and exterior walls of the house. The front door appeared to have been kicked in and was damaged, and there was a trail of blood leading to the dead body in the driveway. The decedent had gloves on his hands and a bandana covering part of his face. A search of his person yielded identification

2. cards, an iPhone containing photographic evidence of gang affiliation, and “a magazine for a Glock handgun containing live rounds.” Four residents had been present during the home invasion: an adult male (J.R.) and his three juvenile siblings. J.R. told investigators that he was awakened by a crashing noise, he armed himself with a firearm and exited his bedroom to investigate. He reportedly encountered “two armed male subjects.” Upon seeing DeHaro pointing a gun at one of his siblings, J.R. fired at DeHaro and saw him “immediately f[a]ll to the ground.” After shooting DeHaro, J.R. saw Magana enter a…