People v. Gaither CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. The shooting at Maverick’s Flat2 On July 3, 1999, Maverick’s Flat, a nightclub on Crenshaw Boulevard, had been rented for a private party. One of the party’s hosts noticed a group of people standing in front of a restaurant next door to the club. Gaither was in the group. (Gaither I.) Another group that included Africa Sweeney went into the club. Yet a third group—friends of one of the hosts— approached the club. Someone in Gaither’s group shouted,

References to statutes are to the Penal Code. We previously granted Gaither’s motion to take judicial notice of the appellate record in his direct appeal, People v. Gaither (Feb. 4, 2004, B153450) [nonpub. opn.] (Gaither I).

2 “Shotgun.” The Shotgun Crips are a gang. Someone in Gaither’s group said, “Do you think the hood is a joke[?]” Someone in Gaither’s group threw a beer bottle or can that hit someone in the host’s friends’ group; Gaither’s group then chased that group toward Maverick’s Flat and the group ran into the club. (Gaither I.) The host tried to hold the door closed; it had no lock. The host recognized a man named Marvin Pierce in Gaither’s group. Another member of…