 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Acevedo2/27/2002
that evening, she was walking down her driveway when the white vehicle she had seen earlier drove by and shots were fired. At trial she testified that she was not able to see who was in the vehicle, though she had earlier identified appellant as the shooter to police.
At the time of the shooting, Clarissa was inside the house with her mother and her daughter by appellant, also named Clarissa. Bullets entered the house, and one of them landed approximately one foot away from appellant's daughter.
Cervantes (Clarissa's mother) testified that there was a lot of bad blood between appellant and Ramos. Clarissa had accused Ramos of making sexual advances toward her, and appellant had hidden Clarissa from her family for about four months.
Appellant gave a taped statement to the police. He told police that he drove to Clarissa's house and his friend "Poncho" started shooting. He grabbed "Poncho's" hand and drove away. He refused to identify "Poncho."
A gunshot residue test revealed gunshot residue on appellant's right backhand, left backhand, and left palm. Criminalist Stephen Dowell concluded appellant either discharged a firearm or had his hands in an environment of gunshot residue.
B. Defense
Appellant and Ramos did not get along. They had previously had a fistfight, and Clarissa had told appellant that Ramos threatened to kill him. On October 9, 1999, Clarissa had told appellant he could come to see the baby on October 10, 1999. On October 10, Clarissa saw appellant drive by the West Tomah residence three times. Ramos would throw things at appellant's vehicle, but appellant did not throw anything. Ramos and Sanchez said they were going to kill appellant. Sanchez threw a bat at appellant's vehicle and broke something. Clarissa was inside the house at the time of the shooting.
Appellant testified that on October 10 he went by the West Tomah house to see the baby, but she wasn't there. The car he was driving was a brand new Kia belonging to his girlfriend, Elizabeth Ramirez. As he drove by the house, someone threw something at the car and he felt the impact. He saw a guy pick up a bat and say "I'm gonna kill you." Appellant drove to Ramirez's house and Ramirez was upset about the damage to her car. Ramirez wanted Ramos to pay for the damage to her car. Appellant then drove to the West Tomah house and stopped. His handgun was near the gearshift for protection. He told Ramirez to shoot at the ground if Ramos attacked him. He saw Ramos approach, then heard three shots and saw Ramirez shooting at the ground. He then grabbed the gun to prevent Ramirez from hurting anyone. Appellant lied to police when first questioned about the shooting.
Ralph Torres had been friends with appellant for three to four years. He testified that appellant was driving, he was in the backseat and Ramirez was in the front passenger seat. They got to the West Tomah house and appellant stopped the car and two guys approached the car, one with a baseball bat. Ramirez began shooting. Appellant tried to get the gun from Ramirez and they left and went to Ramirez's house.
Ramirez testified for the defense. She lied when she told police she was not involved in the shooting. She testified that she was angry about what happened to her car, and it was her idea to go to Ramos's residence, appellant did not want to go there. Appellant drove her car, she was in the passenger seat and Torres was seated behind her. Appellant stopped in front of Ramos's house and two men approached the car, one was swinging an object. Ramirez screamed and ducked down; appellant shot. Ramirez had never seen the gun in appellant's car, and appellant had not been drinkin
Page 1 2 3 4 5 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|