P. v. Clark-Johnson
One summer evening in 2006, Shaaneel Singh and a friend were returning from a trip to the store, on their bikes, when Singh became the victim of a drive-by shooting. Defendant Ian Winston Clark-Johnson drove the car; his long-time friend defendant Michael Scott was the front passenger. Scott fired several shots while leaning out of the car's window, hitting and killing Singh.
The People prosecuted the case as a gang crime. Both defendants were charged with first degree murder with a drive-by special circumstance and firearm and gang enhancements.
Despite the introduction of extensive evidence relating to gangs, including not only a gang expert but also letters and other writings found in Scott's jail cell, the jury rejected the prosecution theory that the crime was gang related, finding the gang enhancement (Pen. Code,[1] § 186.22, subd. (b)(1)), not true as to both Scott and Clark-Johnson. The jury convicted Scott of first degree murder (§ 187, subd. (a)) and found true the drive-by special circumstance (§ 190.2, subd. (21)) and the personal use firearm enhancement (§ 12022.53, subd. (d)). The jury acquitted Clark-Johnson of first degree murder, convicted him of second degree murder, and found the firearm enhancement of section 12022.53, subdivision (e)(1) true.[2] Scott was sentenced to 25 years to life in prison plus life in prison without parole. Clark-Johnson was sentenced to 15 years to life in prison.
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