P. v. Fort CA4/2
Aaron Campbell, an associate of defendant’s cousin, Thurston Stewart, wanted to get some marijuana from Sylvestre Leyva, the victim, a Hispanic man he met at a hookah bar the previous night. The plan involved picking up defendant, Xavier Fort, because he had a gun, and others, and going to the victim’s house in a group to grab the marijuana. At Leyva’s house, Samuel Delatorre (who actually owned the marijuana but allowed Leyva to broker the deal), and Leyva came out to meet them and handed Campbell the bag of marijuana. Campbell pulled out a gun and told Leyva and Delatorre to go back into the house. By this time, Leyva’s friends came out of the house as Campbell and his group turned to leave in their cars with the marijuana. As Leyva and Delatorre turned to re-enter the house, defendant fired three gunshots into the group of Hispanics, one of which struck and killed Leyva.
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