Scott

STATEMENT OF FACTS

The underlying facts are not particularly relevant to defendant’s appellate

contentions. We set them forth briefly here as background. We take them from the

parties’ representations in their briefs, rather than from the record.

On August 28, 2016, around 1:00 a.m., Luis Quintanar and two of his friends

encountered another man in a church parking lot in Riverside. Quintanar asked, “What’s

up, G?” The man started arguing with Quintanar. Quintanar (who was holding a

skateboard) tried to calm the man down. However, the man pulled out a gun and fired

one shot into the air. Quintanar called him a bitch and raised his hands — perhaps

1 All further statutory citations are to the Penal Code, unless otherwise stated.

2 starting to hold them up, or perhaps reaching for the gun. The man shot Quintanar once

in the chest, killing him.

When Detective Michael O’Boyle interviewed defendant, defendant initially

denied being present. However after Detective O’Boyle suggested that the shooting

might have been in self-defense, defendant changed his story. He said Quintanar’s group

demanded “weed” from him. One of them pushed him, and Quintanar hit him with…