People v. DelRio
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DelRio and his cousin Prieto drew on each other in front of a house on a cul-de-sac. Prieto shot 15 times but missed every time. DelRio fired twice, killing Prieto. Del Rio later testified that he did not drink or take drugs before the incident and was (illegally) carrying the pistol because he planned “a transaction” later in the day. He claims that a conversation with Prieto became hostile. Prieto drew a semiautomatic handgun, racked a round, and lifted the gun, stepping toward DelRio. DelRio claims he was “in fear of [his] life” and acted on impulse. Two weeks after the shootout, a deputy stopped DelRio while driving in a car with bullet holes. The same gun had fired the bullet found in DelRio’s car and the bullet found at the scene. Data from DelRio’s phone placed it near the scene at the time of the shootout.
A jury convicted DelRio of second-degree murder and found firearm enhancement allegations true. The court of appeal reversed. The court erroneously excluded violent victim evidence about Prieto, including a shooting Prieto allegedly committed 10 days earlier; domestic violence; prior firearm possession convictions; schizophrenia linked with violent outbursts; and methamphetamine in Prieto’s blood the night of the shooting. The error was prejudicial. DelRio need not have known about Prieto’s past bad acts.
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