P. v. Delery
Defendants and appellants Eric Delery and Kelly Vaughn, who are cousins, were convicted of attempted willful, deliberate and premeditated murder of another cousin, James Scott. Delery was also convicted of dissuading a witness by force or threat. Scott was the victim of a war between two feuding sides of the same family, which led to his cousins' drive-by shooting.
The sole issue raised by defendants on appeal is that there was not substantial evidence to identify them as the perpetrators of the crimes. Scott disavowed at trial his numerous out-of-court statements to law enforcement and family members that his male cousin Delery was the driver and his female cousin Vaughn was the shooter. Finding substantial evidence that Delery and Vaughn committed the crimes of which they were convicted, we affirm the judgments.
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