People v. Washington CA5

FACTS

Robert Tyo worked as a patrol officer for the Bakersfield Police Department on August 8, 2016. Shortly after 9:00 p.m., Officer Tyo was called out to a shooting at an apartment complex on West Columbus Street in Bakersfield. When Tyo arrived on scene, people were shouting and directing his attention to a particular upstairs apartment. Janette D. was standing inside the apartment near the front door. She appeared to have a gunshot wound to her right buttocks. She was scared, crying and in pain. Janette told Tyo she had been shot by defendant. Police found a shell casing in the courtyard. Blood was found by a cement wall towards the inside of the courtyard.

3. Janette’s Trial Testimony Janette was sitting on a brick wall at her apartment complex. James D. was standing with Janette. Defendant came down a nearby flight of stairs. James was “shock[ed]” to see defendant. James made a motion with hands as if to say, “ ‘[W]hat’s up?’ ” Defendant did not say anything and just walked away. James was yelling and “talking shit” to defendant in a disrespectful manner. James eventually began to shout gang slurs at defendant. James then said, “ ‘Westside’ ” to “rep” his gang. James also…