People v. Pree CA1/4

I. BACKGROUND

Ely was fatally shot in the early evening of September 6, 2015, in the driveway of an apartment complex on Cavallo Road in Antioch. The prosecution argued that Robinson was the shooter and that Pree drove Robinson away from the scene.

2 A. The Evidence Presented at Trial 1. Prior Shooting at the Apartment Complex The parties stipulated that on June 17, 2015, an armed robbery and double homicide occurred outside the apartment complex. A group of people, including Pree and his fiancée, were gathered in the area. A masked man, later determined to be Clydesdale “Cheese” Hoskins, Jr., approached the group and ordered everyone onto the ground at gunpoint. Hoskins began to rob the group, firing shots in the process. During the robbery, Pree’s fiancée was shot and killed. Hoskins was also killed during the incident. Police arrested three people in connection with the robbery and homicides. Pree was determined to be a victim and was never a suspect in the incident. There was no evidence Ely or any witness in this case was present or involved in the June 2015 incident. Shortly after the June 2015 homicide at the complex, there was graffiti on a nearby liquor store that said,…