People v. Smith CA5

BACKGROUND

Charges The Fresno County District Attorney charged Smith with one crime: murder. (Pen. Code,1 § 187.) The charge included allegations Smith used a firearm in committing murder. (§§ 12022.53, subd. (d), 12022.5, subd. (a).) Evidence A woman testified Smith came to her residence while “intoxicated.” She later heard an argument outside her home followed by a gunshot. When she looked outside, she saw Smith and then his vehicle “speeding away ….” Several hours later, a man’s body was found in a vineyard. The coroner determined a single gunshot wound to the head killed the man. The wound suggested the gun was fired while in contact with the skin. The manner of death was homicide; suicide was “nearly impossible.” An investigation led to Smith. He was detained and interviewed. He initially denied any involvement in the victim’s death. He revised his statement and explained he actually was with the victim but the victim committed suicide. At trial, Smith testified he accidentally killed the victim. He explained he went to his friend’s house and was “smoking … weed” and “drinking beer” when the victim arrived. While Smith, the victim, and Smith’s friend were all outside, the…