People v. AnthonyAnnotate this Case
In 2009, on a residential street in Berkeley, a masked man exited a gold Cadillac occupied by three other men and fired 17 shots from a semiautomatic assault rifle at 25-year-old Davis as he walked down the street. The shooter hit Davis multiple times, killing Davis as the shooter’s companions visibly celebrated, and returned to the Cadillac. The four sped away but were spotted by police. A high-speed chase ended in two collisions, killing a driver of another car, Perea, and a pedestrian, Ross. The four defendants were arrested and tried together. A jury that found them guilty of multiple crimes, including the first-degree murder of Davis and the second-degree murders of Perea and Ross. The jury also found defendants intentionally killed Davis while they were active participants in a criminal street gang, “North Side Oakland” and committed that murder to further NSO’s activities. Each was sentenced to life in prison without the possibility of parole. The court of appeal affirmed, acknowledging that errors occurred but concluding they were harmless beyond a reasonable doubt. There was overwhelming, admissible evidence that defendants were NSO gang members who traveled together, heavily armed and with masks, into the heart of their rival Berkeley gang’s territory, and executed Davis, the brother of a suspected Berkeley gang member, to retaliate for what they thought was that gang’s killing of one of NSO gang members.