People v. Stevenson

After a San Leandro party, seven people got into an SUV. A car blocked them. Within a minute, gunshots were fired into the SUV. Six victims were shot; three died. Witnesses identified Stevenson, Stewart, and Perry as shooters. After his arrest, Stewart admitted pulling the trigger three times, but claimed the gun did not fire but only “click[ed].” The three were charged with three counts of first-degree murder with multiple murder special circumstances and four counts of premediated attempted murder, with allegations that each defendant personally and intentionally discharged a firearm causing great bodily injury and death; that Stevenson was on bail at the time; and that Perry had served a prior prison term. The court of appeal affirmed their convictions, rejecting arguments that the trial court erred by instructing the jury it could convict defendants of first-degree murder under the natural and probable consequences theory and by failing sua sponte to instruct on assault with a firearm as a lesser included offense. The court upheld a jury instruction that the prosecution need not prove motive and that although the intent to kill a primary target does not transfer to a nontargeted survivor, the fact the person desires to kill a particular target does not preclude finding that the person also intended to kill others within the "kill zone." View "People v. Stevenson" on Justia Law