P.
P. v. Propker CA2/8
Opinion
Opinion
Flier, J.
FACTS AND PROCEDURE
On December 30, 2009, when he was 15 years old, defendant Jonathan Propker, a member of the Crooks gang, shot and killed E.H. E.H. was a member of the BOP gang, which is a rival gang of defendant‘s gang. The shooting occurred following a botched drug sale. E.H.‘s brother, D.H., arranged to sell defendant an ounce of marijuana at a designated location where D.H. drove himself and E.H. D.H. previously had sold marijuana to defendant, who he knew as ―Slick.‖ According to D.H., defendant entered the vehicle, looked around, pulled out a shotgun, and pointed the gun directly at him. Defendant ordered D.H. to ―give me what the fuck you got.‖ Defendant then pointed the gun at E.H. and shot him. After defendant shot E.H., he pointed the gun back at D.H. and repeated: ―I said, give me what you got.‖ Neither D.H. nor E.H. had a weapon, and E.H. had not reached for a weapon prior to being shot. D.H. did not know defendant to be a member of any gang. After E.H. died, D.H. noticed Crooks graffiti near their home. Defendant shot D.H. using a shotgun that required cocking back the hammer and pulling the trigger in order to fire. Defendant obtained the gun on December 29, the…