People v. Owens CA1/5

BACKGROUND

In July 2015, Alejandra L. was dating appellant, who lived in the same apartment complex she did. She was also married and her husband was in jail. She had not told her husband about her relationship with appellant. The victim, Mark Jack, was dating Alejandra’s sister, Monica L. Jack and Alejandra’s husband were very close friends. Jack either knew or suspected Alejandra was dating appellant and was bothered by it because of

1 his friendship with Alejandra’s husband. Monica testified there was underlying tension between Jack and appellant but they “were cordial with each other.” Alejandra testified there were no issues between the two. She also testified she had slept with Jack before starting her relationship with appellant. On the day of the shooting, Monica came over to Alejandra’s apartment about 2:00 p.m. Alejandra smoked marijuana and Monica had a Xanax. Later, a few others joined them and they all sat outside drinking, except for Alejandra who did not drink. About 6:00 p.m., Jack arrived and began drinking with the group. Appellant was not there. At some point, Monica and Jack left to buy more alcohol and brought it back to the group. They were both drunk but…