People v. Polk CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

During a February 2017 gathering in a Vallejo park to record a rap video, Polk shot and killed a former friend who he believed had broken into his home and stolen from him. Polk pleaded guilty to voluntary

1 manslaughter (Pen. Code, § 192, subd. (a)),1 admitted to firearm use (§ 12022.5, subd. (a)), and was sentenced to nine years in prison under a plea agreement. After the victim’s death, the victim’s mother suffered significant physical and mental harm. She suffered stress, continually thought about her son’s murder, and had difficulty sleeping more than an hour at night, despite taking sleep medication. She also had trouble eating, which caused her to lose 35 pounds. As a result of the trauma, she was diagnosed with a mental-health condition involving anxiety and depression. The victim’s mother worked for a supportive services agency as a caregiver/supervisor for disabled and mentally ill adults. She had worked there since 2008 “without incident.” Around three months after her son’s murder, in May 2017, the victim’s mother was at a picnic as part of her job, and a client who had cerebral palsy kicked and spit on the victim’s mother, then…