Judgement and Sentencing

Judgment and Sentencing

Case 1.

Defendant, A, sixteen-year old male member of the Crips gang, has shot and killed Victim, B, twenty-six-year old male member of the Bloods gang, when B threatened A and two friends, Witnesses, C and D who are also members of the Crips gang. Words were exchanged, and B drew a gun, aimed the weapon at A, C, and D and came towards them. More words were exchanged and A threatened B. B turned to walk away when he abruptly turned around in reaction to yelling and raised his weapon again, directing the weapon at A, C, and D. B grabbed C by his shirt and held the weapon to his head, at which point A grabbed for B’s weapon. During the struggle, the weapon was discharged, but did not hit anyone. A forcibly removed the firearm from B’s possession. When A took the firearm, he aimed the weapon at B, directing him to leave or he would fire. B came towards A, C, and D again and A fired twice. B was hit with both shots and died on the scene. This was A’s first offense. B was recently paroled from California State Prison after serving five years of a ten-year sentence for armed robbery.

Defense

A was clearly acting in self-defense. B was hostile and came towards A, C, and D aggressively with a loaded firearm. A did not have a firearm on his person, A did not engage physically with B until B physically accosted C. When A seized the firearm, he warned B to leave. A did not fire the weapon until B continued to aggressively charge toward A, C, and D. The simple fact of the matter is that if B had not physically assaulted C and raised his firearm, A would have had no need to remove the weapon from B’s possession. Further, if B had not rushed hostilely toward A, C, and D for a second time after A had warned B, A would not have felt endangered enough to discharged the weapon. While it resulted in the tragic death of B, A’s action was clearly in self-defense.

In addition, B was a violent, convicted criminal. The fact that he is no longer on the...