People v. Lowe CA2/5

I. BACKGROUND

A. The Murder John Armstrong (Armstrong) and Sedric Scott (Scott) were members of the Swans criminal street gang. In May 2012, they approached Lister outside a market and asked where he was from. Lister did not respond and entered the market. Armstrong and Scott followed Lister inside, and Scott tore a gold chain from Lister’s neck. As Scott ran out of the market, Lister gave chase. Armstrong, Scott, and other members of the Swans gang then attacked Lister and defendant ran from across the street and joined in the group assaulting Lister. When the attack stopped, Lister’s chest was covered in blood and he died

1 Undesignated statutory references that follow are to the Penal Code.

2 days later from a six-inch-deep stab wound that pierced his heart. (Lowe I, supra, B260127.) The market’s surveillance camera, which captured portions of the attack, showed defendant walk toward the market from the direction of the fight, move something from his left hand to his right hand, and put it in his pocket. Later, the video showed defendant open his right palm and look down at it. (Lowe I, supra, B260127.) Another Swans gang member, Mitchell Johnson (Johnson), was…