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The source of other ballistics evidence was inconclusive. The examiner also analyzed projectile evidence recovered at the scene and concluded that none was fired by the nine-millimeter gun. Six of the cartridges found at the scene matched the. Ten of the cartridges recovered from the scene matched the nine-millimeter Ruger recovered from McDaniel. During the arrest, Officer Piro recovered a. About one month later, Officer Freddie Piro arrested a member of the Black P-Stone gang in Baldwin Hills, an area 13 miles away from Nickerson Gardens. McDaniel identified himself as Mitchell Reed. Five days later, during a traffic stop, Deputy Sheriff Marcus Turner recovered a loaded Ruger nine-millimeter gun and associated ammunition from McDaniel.
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Investigators also recovered drug paraphernalia, including a metal wire commonly used with a crack pipe near Anderson’s hand, a glass vial containing a crystal-like substance, and a plastic bag containing a rock-like substance in Brooks’s pants. Two nine-millimeter cartridge cases were found near Anderson’s hands. Investigators found one nine-millimeter cartridge case on Brooks’s stomach and two. Physical evidence collected at the scene included ten ninemillimeter and six Winchester. Johnson also survived gunshots to the face and chest and underwent multiple surgeries. Williams survived gunshot wounds to her mouth, arms, and legs, and she spent three to four months in the hospital. Brooks also died at the scene from multiple gunshot wounds he suffered five wounds to the face, and stippling indicated they were fired at close range. Cocaine and alcohol were present in Anderson’s body at the time of her death. Stippling indicated that the wound to her face was inflicted at close range. Anderson died at the scene from multiple gunshot wounds. In the living room, an officer observed Johnson, who had a gunshot wound to the mouth and was trying to stand up. Brooks’s body was slumped against the refrigerator. Entering through the back door, they observed the bodies of Anderson and Williams. On April 6, 2004, at 3:30 a.m., officers responded to reports of gunshots at Anderson’s apartment in Nickerson Gardens. McDaniel and Kai Harris were members of the Bounty Hunter Bloods, as was one of the victims, Brooks. In 2004, the Bounty Hunter Bloods gang was active in Nickerson Gardens, with about 600 members registered in law 1 PEOPLE v. Prosecution Case The events occurred in and around Nickerson Gardens, a large public housing complex in Southeast Los Angeles. (b)(l).) After the first penalty phase jury deadlocked, a second jury delivered a verdict of death on December 22, 2008. (a)(3).) The jury also found true the allegations of intentional discharge and use of a firearm, intentional discharge resulting in great bodily injury and death, and commission of the offense for the benefit of, at the direction of, and in association with a criminal street gang. (a)(1) all undesignated statutory references are to the Penal Code.) The jury found true the special circumstance of multiple murder. Defendant Don’te Lamont McDaniel was convicted of two counts of first degree murder for the shootings of Annette Anderson and George Brooks, two counts of attempted murder for the shootings of Janice Williams and Debra Johnson, and possession of a firearm by a felon. MCDANIEL S171393 Opinion of the Court by Liu, J. TA074274-01 AugJustice Liu authored the opinion of the Court, in which Chief Justice Cantil-Sakauye and Justices Corrigan, Cuéllar, Kruger, Groban, and Jenkins concurred. S171393 Los Angeles County Superior Court No. DON’TE LAMONT MCDANIEL, Defendant and Appellant. IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v.