People v. Sotomayor CA4/2

I. BACKGROUND

On January 10, 2018, Sotomayor shot three people with an AR-15 rifle; Adam S.

(Sotomayor’s cousin), Samuel S. (Adam S.’s half-brother and Sotomayor’s cousin by

1 Undesignated statutory references are to the Penal Code.

2 marriage), and Gilbert T. (a friend of Adam S. and Samuel S.). Samuel S. and Adam S.

were each shot multiple times but survived. Adam S.’s injuries were more severe,

including damage to his spine and internal organs that left him partially paralyzed.

According to a forensic pathologist, Gilbert T. was likely shot once, with a single bullet

going through his arm and into his torso, but he may have suffered two separate gunshot

wounds; either way, his injuries were fatal.

Sotomayor was charged with one count of first degree murder (§ 187, subd. (a),

count 1) and two counts of attempted first degree murder (§§ 187, subd. (a), 664, counts

and 3). The amended information alleged firearms enhancements as to each count

(§§ 12202.53, subd. (d), 1192.7, subd. (c)(8)), as well as a prison prior (§ 667.5, subd.

(b)) and a strike prior (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)).

Sotomayor’s first trial ended in a mistrial due to the…