P. v. Mulkey
Defendant Billy David Mulkey was charged with the second degree murder of Keith Hendricks. ( ADDIN BA xc <@st> xl 27 s UFKKFG000004 xpl 1 l "Pen. Code, § 187, subd. (a)" Pen. Code, § 187, subd. (a)[1] -- count I.) As to the second degree murder charge, it was further alleged that defendant intentionally and personally discharged a firearm (a rifle). ( ADDIN BA xc <@osdv> xl 33 s UFKKFG000077 xpl 1 l "§ 12022.53, subds. (b), (c) & (d)" § 12022.53, subds. (b), (c) & (d).) Defendant was also charged with three counts of assault with a firearm (a shotgun) involving three alleged victims: Amanda Cavagnaro, Brian Maudlin, and Everett Hawkins. ( ADDIN BA xc <@osdv> xl 22 s UFKKFG000078 xpl 1 l "§ 245, subd. (a)(2) --" § 245, subd. (a)(2) -- counts II, III & IV.) The case proceeded to a jury trial at which defendant testified. Only defendant and the victim were present at the time of the shooting, so defendant was the only eyewitness to what occurred when the victim was killed. The jury found defendant guilty of second degree murder and found true the firearm allegation. The jury acquitted defendant on the remaining charges.
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