People v. Mackey CA3

FACTS AND HISTORY OF THE PROCEEDINGS

After two men assaulted his stepson, defendant drove with his stepson to the house where the two men, J.M. and V.M., were staying. V.M. lived at the house and J.M. was visiting at the time. When J.M. opened the door, defendant said his “kid” had been “jumped” and asked for an explanation. J.M. offered one: The “kid” and one of his

2 friends “had jumped [V.M.] a couple [of] days before.” V.M. came to the door shortly thereafter. After a brief period of arguing, V.M. asked defendant whether he wanted to fight. But defendant said he “wasn’t [t]here for that,” pulled out a semiautomatic handgun, and started shooting. As J.M. tried to push V.M.’s sister inside the house, he was shot in the hand and stomach. He then fell and passed out. V.M. was shot too—once in each ankle and twice in the stomach. After the shooting, defendant fled. Defendant later acknowledged these events for the most part. But in his telling, he only began shooting after seeing a gun in a man’s hand inside V.M.’s house and hearing “a bang,” which he thought was a gunshot. He also claimed he had no intention of shooting anyone. Although six bullets struck J.M. and V.M.,…