P.

FACTS

The facts are undisputed. Around midnight on November 19, 2010, defendant was

outside in the patio area of a nightclub in Victorville. A security camera videotape

showed defendant looking in the direction of Delvon Williams. After about five minutes,

defendant looked as if he was angry. He walked over to Williams, extended his hand up

to Williams’s head, and fired a single shot. Williams fell backward. Security videotape

showed that defendant immediately left the nightclub. Williams died as a result of the

gunshot.

3 By the time he was arrested in March 2011, in Lynwood California, defendant had

altered his appearance by shaving his head. In the nightclub videotape, defendant had

long hair, pulled into a ponytail. When interviewed in connection with his arrest,

defendant acknowledged he had been an East Side Inland Empire (I.E.) Gangster Crip

since he was 13 years old. Defendant also said he did not know Williams but that his

friend and Williams had gotten into an argument during which Williams said he was a

“Piru” or “Blood,” and he would handle his business. Defendant thought to himself,

“fuck that,” after which he walked over and shot Williams in the…