People v. Perkins CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Facts

We present the facts in chronological order. When we describe the evidence related to the Urbina killing, we refer to evidence presented at the second trial. When we describe the confrontation between defendant and A.T., we refer to evidence presented at the first trial.

The Theft of the Corsica and the Gun

At each trial, the court reporter read the testimony of Coffey and McGehee at the preliminary hearing. According to their testimony, on August 24, 2015, brother and sister McGehee and Coffey were planning to go to the shooting range to fire her .40 caliber Smith and Wesson handgun. They later were side-tracked and did not go to the firing range. In anticipation of the trip to the gun range, Coffey had put the gun in the trunk of his Chevy Corsica. The gun was unloaded and in an unlocked metal box. There was a full, unopened plastic bag containing 100 rounds of ammunition in the trunk. Around noon, Coffey drove to a friend’s. He left the car in front of his friend’s apartment, with the car unlocked and his keys in the ashtray. Coffey and his friend left

3 for about 20 to 30 minutes, and when they returned Coffey’s car was gone. His…