Jade C. shot in 2007 rival between Skyline & Lincoln Park

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gautier
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Jade C. shot in 2007 rival between Skyline & Lincoln Park

Unread post by gautier » April 13th, 2011, 2:09 am

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
SAMUEL BEVERLEY, DEFENDANT AND APPELLANT.

APPEAL from a judgment of the Superior Court of San Diego County, John S. Einhorn, Judge. Affirmed as modified. (Super. Ct. No. SCD215080).

FACTUAL AND PROCEDURAL BACKGROUND

On the night of October 26, 2007, Jade C. was repeatedly shot during a fight between rival gangs (Skyline and Lincoln Park) at a shopping mall. Jade's friend (Shaela M.) was present during the fight.*fn1 Shaela saw a man run up behind Jade, pull a gun out of his clothing, and shoot Jade. When the police interviewed Shaela at the scene of the shooting, she provided a description of the shooter but no name.

Several weeks later when a detective showed Shaela a photographic lineup, she pointed to Beverley's picture and started crying. She identified Beverley by his gang moniker, and stated he was the shooter. When the detective asked her why she did not identify the shooter on the night of the shooting, Shaela replied she had been afraid, there had been a lot of pressure on her not to tell who shot Jade, and she was afraid she would get hurt and lose all her friends if she cooperated. Shaela told the detective that before seeing the photographic lineup, she had decided not to identify anyone, but when she saw Beverley's picture "she couldn't do that because he was a dangerous guy, . . . he could have killed Jade that night and he could probably kill somebody else in the future." At trial, Shaela recanted her identification.

Jade testified that before the physical fight started, the rival gang members were yelling at each other. During this exchange, a member of the Lincoln Park gang told Jade that he was going to "get what [he] had coming" because he had disrespected Lincoln Park on MySpace. A few seconds before he was shot, Jade saw Beverley run past him and heard someone (perhaps Beverley) say " 'Get Blood with the red shirt on his head.' "*fn2 Jade had a red shirt on his head. Jade then heard a "pop," but did not realize he had been shot. Jade ran a couple of feet, and then heard other "pops" and fell.

The jury convicted Beverley of attempted murder, and found true several enhancements including that he personally discharged a firearm causing great bodily injury and committed the crime for the benefit of a gang. In a second count, the jury convicted him of assault with a deadly weapon with a gang benefit enhancement.

On count 1, Beverley received a sentence of 25 years to life for the personal gun discharge causing great bodily injury enhancement, plus a 17-year determinate term (seven years for attempted murder and 10 years for the gang enhancement). Sentence on count 2 was stayed.

DISCUSSION

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