Herrera

I.

FACTUAL AND PROCEDURAL

BACKGROUND

A. The Shooting The shooting occurred the night of March 18, 2020, on 21st Street in San Francisco’s Mission District. The relevant block of 21st, which runs east to west, is intersected on the east by Shotwell Street and on the west by South Van Ness Avenue. 1. Eyewitness testimony An Uber driver testified that around 10:25 p.m. that night, he was driving east on 21st toward Shotwell. He turned left onto Shotwell, but a Chevrolet sedan was stopped in the lane, blocking him from clearing the crosswalk and continuing down that street. To his left, at the northwestern corner of 21st and Shotwell, he noticed three young men arguing. He could not hear what they were saying, but their voices were raised.

2 The driver testified that “suddenly,” two of the men “started throwing punches” at the third, and both made contact. The third man “tried [to] punch back” but did not appear to land any punches. According to the driver, “[o]ne of the two guys pulled a gun” and shot once from his right hip at the third man. The third man then began “limping” toward the curb. The driver briefly turned his head and did not see where the victim went, but…