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People v. Myers12/17/1997
ers.
At the police station, appellant spoke with Detective David Smith and other officers. After being read his rights, appellant gave a videotaped interview, which was played to the jury. During this videotaped interview, appellant said the officers had not promised him anything for making the statement, nor had they threatened him. He also stated the following. The shooting was a pay back. He was sitting in the passenger seat of the Beretta, which was being driven by Williams, when Greg shot at them, blowing out some windows. Williams left and then brought back to the Beretta an AK-47. He and Williams then went looking for Greg. He was in the passenger seat. They saw Greg, two other men and a girl and "we shot them." "[Greg] tried to take my life shooting at me." "They shot at us so we were going to shoot at them[.]" As they raced away in the Beretta, appellant tossed the weapon out of the car. Appellant answered "Yep" in response to the question, "Who shot, you?" With his hand, appellant demonstrated how he pulled the trigger a number of times. Appellant identified Williams in a photographic line-up. Appellant also admitted he was a member of the Palmer Block Crips.
Gunshot residue tests were consistent with appellant having handled or discharged a firearm, or being in the environment of gunshot residue.
Robinson and Thomas were inactive members of the Piru gang.
2. Defense.
Appellant took the stand in his own defense. He denied shooting anyone and denied firing the gun.
Appellant testified to the following. He was with Williams in a car on September 8, 1995. Appellant was in the front passenger seat. He had known Williams since junior high school. At about 6:15 p.m. that evening, Greg approached on a bicycle; Greg fired three shots at the car. Later that same evening, he went with Williams for a ride. He thought they were going to get the window repaired. Both were smoking marijuana. Williams drove to Poplar Street. Appellant's seat was tilted back. Appellant saw Williams with a gun. Appellant was shocked, as he had not seen the gun before. Williams fired out the window, holding the weapon with both hands. They drove away. At Williams's direction, appellant threw the gun out the window. He ran from the car because he was afraid. He hid underneath the truck. Officers hit him, even though he had not resisted. He told the police he had thrown the gun out the window. At the police station, appellant felt threatened. He had given the videotape statement because officers had threatened to beat him again, if he did not say what they wanted. He was told to say he and Williams were shooting at a person named Greg. Everything he said on the videotape was a lie.
3. Procedure.
Appellant was convicted of first degree murder. (Pen. Code, § 187, subd. (a).) It was also found to be true with regard to that conviction, that appellant intended to and did inflict great bodily injury and death as a result of discharging a firearm from a motor vehicle, pursuant to Penal Code section 12022.55. Appellant was also convicted on two counts of attempted murder (of Bernard Thomas and of Garlon Robinson, Pen. Code, §§ 664, 187, subd. (a)) and with regard to these convictions, it was found true that the crimes were willful, deliberate and premeditated. (Pen. Code, § 664, subd. (a).) Additionally, with regard to one of the attempted murder convictions (the attempted murder of Bernard Thomas) it was found true that appellant intended to inflict great bodily injury and death as a result of discharging a firearm from a motor vehicle, in violation of Penal Code section 12022.55 and he personally inflicted great bodily injury, in violation of
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