Description: Defendant, alleged to be a member of a certain criminal street gang, was driving in a residential area alleged by the prosecution to be rival gang territory. His girlfriend was in the passenger seat, and his friend was in the rear seat. Unexpectedly, a man the prosecution said was a member of a rival gang, fired an assault weapon at the car as it drove down the street, hitting the defendant driver, his girlfriend, and killing the rear passenger. The shooter AND the Driver (who was my client) were charged together with first degree murder – the driver on a “provocative act” murder theory. After pretrial motions on the day of trial, the prosecution dismissed the murder charges against defendant driver.
Outcome: Murder case dismissed!