People v. Tuggles CA3

BACKGROUND

After a trial in 2006, a jury found defendant guilty of first degree murder and found true an allegation that a principal was armed with a firearm during the commission of the murder. At trial, witnesses testified about a series of interactions between defendant, codefendant Tyrone Mollett, the victim, and their respective groups of friends. As relevant here, the key issue was what role defendant played when codefendant shot the victim with a shotgun. Eugene Shands, a codefendant who testified for the prosecution as part of a plea agreement, said defendant gave codefendant Mollett a shotgun after Mollett said he would “go over there and blast them myself,” in reference to the victim and his friends. Shortly thereafter, Mollett was arguing with the victim and defendant ran over to Mollett to hand him the shotgun again. Mollett shot the victim and the three fled, along with two others. Shands later confronted defendant and asked him why he brought a gun; defendant apologized, saying, “I don’t know, Eugene, I am sorry, I am sorry.” Other witnesses testified defendant had a shotgun that he kept in his room and had made comments about shooting down the victim’s street and…