People v. Galindo-Garcia CA1/4

FACTS

It is undisputed that Galindo-Garcia, while driving in Oakland, shot and killed another driver. The only issue at trial was whether Galindo-Garcia shot in self-defense.

I. Prosecution’s Case

A. Events of June 9, 2018 Galindo-Garcia attended a party at a friend’s house in Oakland along with his then-girlfriend Delmy Romero and Romero’s five-year-old daughter. They arrived at the party around 7:30 p.m. and stayed for an hour or two. While at the party, Romero saw Galindo-Garcia leave with some friends and return about 30 to 45 minutes later. When Galindo-Garcia came back, Romero thought that he seemed “different” and “nervous.” Galindo-Garcia told Romero that he wanted to leave the party. Upon leaving the party, Galindo-Garcia drove Romero, her daughter, and a man from the party, nicknamed “Firma,” to a taqueria at the corner of 25th Avenue and Foothill Boulevard in Oakland. The group left after “about 10 to 15 minutes” because Galindo-Garcia became nervous when some men arrived. None of the men threatened or confronted Galindo-Garcia or anyone in his group. Galindo-Garcia drove away with Firma sitting in the front passenger seat, Romero sitting behind Firma, and her…