P.

FACTS

A. The Assault

Around 12:30 a.m. on August 27, 2010, Westbrooks and Mr. Pope walked

together to the front gate of their apartment complex on Van Dyke Avenue. Pope noticed

three males standing near a white SUV and, as Pope walked to his car, he heard someone

say, "What's he looking at?" and saw Barron pull out a shotgun. Pope jumped in his car

and sped off. As Pope drove away, the three men approached Westbrooks. Barron

(holding the shotgun) and his companions surrounded Westbrooks and said, "This is

Mission Bay Locos" and called him a "fool." As the men were standing around

Westbrooks, a car drove up and a Hispanic male got out. Barron's companions starting

chasing the Hispanic male on foot, and that group disappeared around a corner as

Westbrooks and Barron watched. A few minutes later, the driver of the SUV (a female )

started the SUV, Barron got into the car and it drove away. Barron did not smell of

alcohol, and did not appear to be intoxicated or impaired.

B. The Murder

Around 1:15 a.m. that same morning, a white SUV approached Lindbergh Park.

About 15 seconds later, a gunshot rang out. Joanna Vargas, who was at the park with

Jose Flores and…