Trial over, guilty on 4 of 6 counts.1. Attempted Murder - Guilty
a. Premeditated? - we deadlocked, mistrial declared on this point only
2. Robbery - Not Guilty
3. Conspiracy to commit robbery - Not Guilty
4. Assault with semi-automatic gun - Guilty
5. Carrying a loaded firearm in public - Guilty
6. Street Terrorism - GuiltyAdditional findings and enhancements were made for being a gang member at the time and for cause great bodily injury to the victim.Here is the story as best as I can figure it out from conflicting testimony:February 2004, yeah 2004, victim goes to Bob Marley festival in Long Beach. Victim meets a guy there and they discuss buying and selling marijuana. Victim gives guy a phone number so they can talk later.Guy from festival calls victim and sets up a 1/4 lb buy. This is conducted without mishap. Defendant is also involved in this deal as he and guy from festival are friends and fellow dope dealers. Another 1/4 lb buy is done by all three. Defendant and victim make a 1/4 lb deal as well. This is all within a week of meeting. Defendant wants to buy a 1/2 lb now, guy from festival wants in for a 1/2 lb now too. Deal is setup for 1 lb. Different location is used this time though as Long Beach guys are ate. Deal is now in Huntington Beach.Defendant and guy from festival arrive in HB and see more people than expected and get a little nervous about this. This deal and previous deals only involved the victim and maybe one other person. All is not perfect with the relationship as well. Defendant feels that victim has been shorting them a couple of grams here and there. Defendant and guy from festival are going to weigh the marijuana as part of this deal.Guy from festival gets out of defendants car and approaches the group. Victim has agreed prior to meeting to weigh out the merchandise in the defendants car. Victims crew is uncomfortable with this, they park a car in front of defendants car to keep them from driving off and to observe deal.Victim gets in defendants car, defendant climbs into the backseat, guy from festival gets into drivers seat. The merchandise starts to get weighed, it is in 16 separate 1 ounce bags. Each should apparently weigh 29 grams, 28 for the ounce and 1 for the bag. Not all of them are up to weight. Guy from festival takes the first 8 ounces and has already handed over his half of the money. Deal is for $6000, $1500 per 1/4 lb, a deal apparently as going price is $2000 per 1/4 lb. Guy from festival still feels he is getting an okay deal and is trying to hold the deal together.Next 1/2 lb is going to the defendant, he hands over his money -$200 for the shortages he feels he is going to get. Weighing starts for this and comes up short again. At the end the defendant has had enough and doesn’t want to go through with the deal. He wants his money back. Guy from festival says come on give him his money back and unwind his half of the deal. Victim says no, a deal is a deal. At this point something happens to cause the guy from the festival to grab the bag at the victims feat to keep him from leaving with the money. The guy from the festival and the victim struggle for the bag with the victim doing a lot of cursing. Guy from the festival is worried that the victim is going for the knife he used to cut open the bags for measuring. Guy from the festival says “he’s going for his knife”, or something to that effect. Defendant then shoots the victim.Victim exits the car as guy from the festival has let go of the bag. Guy from the festival claims not to have known defendant brought a gun and was surprised at the shooting. Victim gets to his or his friends car while guy from the festival recovers and drives defendants car around the car blocking them in and leaves.Victim is taken to the hospital. Guy from festival and defendant go home.
