P.

P. v. Franklin CA2/2

Good Law
Court of Appeal of CaliforniaMarch 28, 2013B238804California9,930 words

Opinion

Opinion

FACTS

Prosecution Evidence Ricky Ogilvie and Gregory Moore, the victim, were cousins. Moore, Ogilvie, and defendant were members of the Bounty Hunter Bloods gang. “Footbush” is defendant’s gang name. Moore loved defendant. Ogilvie had been friends with defendant for over 10 years and considered him to be “family.” Defendant was respected within the gang. Ogilvie was afraid of testifying because it was dangerous for him and his family. Prior to the shooting of Moore, Ogilvie had no ill-will towards defendant. During the early morning of July 24, 2010, Ogilvie drove Moore to a house near 114th Street and Maie Avenue and left him there. Later, Ogilvie returned to the location and saw defendant pacing back and forth, seemingly agitated. There was a young woman there who was grabbing defendant’s shirt and “trying to . . . stop him.” Defendant stormed off and got in a car and left. Ogilvie later drove to his and Moore’s grandmother’s house on 113th Street, a block away from the house where he had seen defendant. Moore was standing in the street in front of their grandmother’s house. Moore’s T-shirt was ripped, and he had blood on his arms and shoulders. Moore was pacing back and forth…

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