People v. Shaw CA2/8

BACKGROUND

On September 5, 2019, Jose Estrada was sitting outside his tent in an encampment along the railroad tracks near the intersection of Slauson and Western Avenue in Los Angeles. He was smoking marijuana with two women. Appellant walked toward and then past them. She appeared angry. She had previously told Estrada to stop selling drugs in the encampment. Appellant returned five to ten minutes later, carrying a gallon of liquid. She poured some of the liquid on Estrada’s lower left leg. Estrada believed she tossed some of the liquid toward his head, and he raised his arms to protect his face. The liquid splashed on his wrist and forearm. Estrada smelled gasoline, then looked down and saw his leg, wrist and fingers were on fire. Estrada ran and threw himself onto a patch of dirt in an attempt to put out the fire. Estrada did not see appellant holding a match or lighter. Estrada suffered third degree burns on his left leg that required multiple surgeries and a skin graft. At the time of trial, he was unable to extend his left leg fully and was frequently out of breath due to damage to his lungs from smoke inhalation. A criminalist for the Los Angeles County Sheriff’s…