People v. Johnson CA3

FACTS AND PROCEEDINGS

The Shooting DeAngelo Montgomery and T.J. had a child in common, but the two did not get along well. In December 2016, T.J. was in a relationship with E.W., who was staying with T.J. and her family. Montgomery had previously threatened T.J. and men she dated, including E.W. Montgomery came to T.J.’s house looking for E.W. in November 2016, and Montgomery had sent T.J. a Facebook message asking E.W. to “come outside.”2 Montgomery asked

2 The People’s gang expert testified that the phrase “come outside” is a way to publicly shame another person or to show disrespect.

2 where E.W. lived, but T.J. refused to tell him because she feared Montgomery would harm E.W. T.J. had seen pictures of Montgomery with guns on social media sites. At around 8:30 p.m. on December 21, 2016, E.W. was shot while sitting on T.J.’s bed with his back facing an open window. T.J. called 911 and told the operator that Montgomery shot E.W. The following day, T.J. told E.W. that Montgomery shot him. During a law enforcement interview, T.J. said the shooter was wearing a hoodie, she saw the gun, and the shooter was “Black.” However, T.J. testified at trial that she did not see the shooter.…