P.

STATEMENT OF FACTS

At around 4:00 a.m. on December 28, 2009, Oakland police officers responded to the report of a shooting at the 1400 block of 51st Avenue in Oakland. Two shooting victims were discovered, both bleeding from their wounds. The murder victim, Gary Jackson, was lying in the front yard of a residence at the intersection of 51st Avenue and International Boulevard in Oakland. Angelica Mourning was shot and wounded as she sat in the passenger seat of Jackson’s car, and was found at the northeast corner of 51st Avenue and International Boulevard. When police officers contacted Jackson, he had been shot twice, and “wasn’t looking in good shape.” Jackson gave his name and birth date to one of the officers. The officer then immediately asked “who did that to him,” and Jackson responded by moving his head to the south in the direction of the two-story residence at 1425 - 51st Avenue, and uttering, “upstairs.” The victim thereafter became incoherent and nonresponsive. Jackson was taken to Alameda County Hospital, where he died a few hours later from a gunshot that entered through the left buttock, passed in a 40 degree angle through the urinary bladder, the large intestine,…