![]() The black Thunderbird that was crashed and abandoned by the assailants at the scene of the third shooting was identified as a stolen vehicle. A criminalist from the sheriff's department examined the casings and determined that they were fired from the same weapon, an AK-47 semi-automatic rifle. Sheriff's investigators recovered shell casings from the scenes of the second and third shootings. The prosecution relied on circumstantial evidence of motive, intent, and modus operandi, as well as a victim's pretrial identification of defendant during a photographic lineup. The primary issue at trial concerned the identification of defendant as the shooter in the second shooting on May 29. The Evidence Linking Defendant and the Abandoned Thunderbird to the Second Shooting on May 29 A pair of manicure scissors was found inside the abandoned Thunderbird. The shooter and his companion fled from the scene after crashing and abandoning a black 1994 Thunderbird. on Maie Avenue and 151st Street, which is also in the same area claimed by the Tragniew Crips. On May 30, 2009, a third shooting occurred at approximately 10:20 p.m. Five people (the victims in counts 1-5) were standing in front of a house associated with the Tragniew Crips when a suspect opened fire with a rifle after stating, "this is Campanella Park Piru." According to a 911 call made by one of the victims, the shooter and his companion were in a "blue Thunderbird." The Third Shooting. on Caswell Street, which is in the area claimed by the Tragniew Crips and is near the scene of the first shooting. On May 29, 2009, the shooting in this case occurred at approximately 9:30 p.m. The murder victim, who was not a gang member, had relatives who are known members of the Campanella Bloods. The suspected shooter, who was not defendant, belonged to the Tragniew Crips. On May 24, 2009, a gang-related shooting that resulted in a murder occurred on the southeast corner of Rosecrans and Central Avenue, which is in the area claimed by the Campanella Bloods. The prosecution's evidence regarding the three gang-related shootings included the following: The First Shooting. 3ĭefendant contends on appeal that: (1) his trial was rendered unfair by the admission of irrelevant and unduly prejudicial evidence of other crimes, namely, the first shooting on May 24 and the third shooting on May 30 and (2) the evidence was insufficient to support his identification as the shooter in the second incident on May 29. The prosecution's theory, as supported by the expert testimony of Detective Eric Arias of the Los Angeles County Sheriff's Department, was that defendant committed the May 29 shooting for the benefit of the Campanella Bloods in retaliation for the earlier May 24 shooting by the Tragniew Crips. This case concerns the second shooting, on May 29, for which defendant, who belongs to the Campanella Bloods, was charged with five counts of attempted murder (counts 1-5) and two counts of shooting at an inhabited dwelling (counts 6 and 7). On May 24, 29, and 30, 2009, there were three shootings within the same part of Compton between the members of Campanella Park Piru Bloods (Campanella Bloods) and of the Tragniew Park Crips (Tragniew Crips). In this appeal from the judgment, we reject defendant's contentions of evidentiary error and insufficient evidence, but modify the sentence as to the firearm enhancement for each of counts 3, 4, and 5. The jury found defendant guilty on all seven counts and also found true the allegations that he: (1) inflicted great bodily injury on the victims in count 1 (Antoin Vercher) and count 2 (Willie Brown) within the meaning of section 12022.7, subdivision (a) (2) personally used a firearm in counts 1 and 2 within the meaning of section 12022.53, subdivisions (b), (c), and (d) (3) personally used a firearm in counts 3, 4, and 5 within the meaning of section 12022.53, subdivisions (b) and (c) and (4) committed all seven counts for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C). ![]() (a), 664 counts 1-5) 1 and two counts of shooting at an inhabited dwelling (§ 246 counts 6-7). With regard to a gang-related shooting, defendant Joadanus Jerome Olivas was charged with five counts of attempted murder (Pen. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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