P. v. Prothro
After a three-week trial, Shawn Simpson and Marcellus Prothro were convicted of murder and attempted murder. Defendants are members of the 135 Piru gang, which at the relevant time was “at war†with the rival Barrio 13, or B13, gang. The prosecutor argued the essence of this case was as follows: “[T]wo 135 gangsters got in a car, they drove to the shot caller of the rival gang’s house, they fired shots and drove away.†The murder victim, Juan Llanos, was a member of Barrio 13, and was at the top of the gang hierarchy in a position known as “shot caller.†Llanos was shot as he stood outside his mother’s home. Llanos’s cousin, Daniel Gutierrez, stood near Llanos when Llanos was shot.
Defendants raise numerous challenges to their convictions. We modify defendants’ sentences, but otherwise affirm the judgment.
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