INSUFFICIENT EVIDENCE-GANG MURDER CASE DISMISSED
This is an amazing case. But, alas, it has been granted review, so it's probably not long for this world.
Here, the victim showed up at the house where gang guys were hanging out. Someone asked, "where are you from?" A fist fight ensued with the eventual shooter, the victim, and the
two defendants. The victim left. The shooter produced a gun and killed the victim.
The defendants were also convicted. The Court of Appeal reversed on insufficiency of the evidence! The Court of Appeal emphasized that the defendants didn't know the shooter even had a gun and did nothing to encourage the shooter to shoot the victim. The Court of Appeal refused to rule that every gang fight permits a conclusion that it's reasonably foreseeable that a killing will result.
People v. Medina; formerly at 153 CA4th 610; rev. granted
