People v. DeLeon CA1/5

BACKGROUND

A.

In September 2016, DeLeon shot and killed Daniel Corona in the parking lot of a PetSmart store in San Mateo. The prosecution’s theory was that DeLeon formed a deliberate and premeditated intent to kill Corona because he was angry about being disrespected by Corona, who was a Sureño gang member. DeLeon admitted shooting Corona but testified that he shot Corona in self-defense.

On the evening in question, Louis Mercado was driving a silver Volvo. DeLeon was his passenger. They encountered Corona, and his friends (E. L., Jose A., Daisy F., and Diana N.), in a gold Lexus in the parking lot of a liquor store. DeLeon greeted Corona and his friends by walking up to the Lexus and saying, “ ‘thought I recognized one of y’all niggas.’ ” E. L. and Corona exited the Lexus to confront DeLeon. Angry words were exchanged but ultimately Corona and E. L. got back in the car and left.

Corona had previously parked his truck in the PetSmart parking lot, which was about one block away from the liquor store. He and his friends drove there (in the Lexus), with beer Corona had purchased.

Shortly after Corona and his friends left the liquor store parking lot, Mercado drove extremely…