Nature of the Case
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Facts
Lorenzo Ross, his father, Lorenzo Ross, Sr., and his cousins, Derrick Ross, DeAngelo Martino, and Martin Scales, were 'hanging by the dumpster in the parking lot' of Lorenzo's apartment complex, celebrating Lorenzo Ross, Sr.'s recent release from prison. Jr. saw a girl, Shaelin, he knew and left the group to talk with her privately. While talking, they saw a group of five 'boys' in the vicinity. Jr. saw Shaelin approach the boys, hug them, and then go inside a nearby apartment building. The boys were around the corner from Jr's father and cousins, and neither group could see the other's location, though Jr. could see both groups. Jr. recognized D and knew D because they rode the bus together to school every day. Jr. saw that D had a tattoo on his arm that read 'Rest in peace, Cheese.' After Shaelin went inside, Jr. saw D put on a black ski mask and heard him say to the other boys, 'Y'all ready, let's go.' The boys began to move toward Jr.'s father and cousins. Jr. started toward the dumpster to warn his family that he had a 'bad feeling' about the boys. Jr. got to the dumpster just when D came around the corner with a gun. Scales was on a cellular phone walking away from the group and, unknowingly, toward D. A second gunman walked behind the group and positioned himself 'to the point where if Jr. and his group wanted to run he had a perfect angle to shoot them.' The second gunman, who had a bandana covering his face and wielded a 'big handgun' similar to an Uzi, was aiming the gun at the group, 'moving' the gun between 'different people.' D ordered Scales against the fence. D patted Scales's pockets. Scales gave D $20 that he had in his front pocket. D poked the gun into Scales's, and Scales reacted by grabbing the gun and trying 'to get the gun away from D. Scales shouted for the rest of his group to flee; as Jr. and the others ran, the second gunman did not attempt to stop them. Scales and D fell to the ground fighting, and the gun fired. The second gunman stood about twenty feet away with his gun directed toward Scales. D eventually wrestled free of Scales and took off running with his gun. The second gunman kept his gun trained on Scales. Scales raised his arms in submission and told the gunman 'you got all of the money that I have.' Lanette Ross and her sister said, 'call the police,' and yelled at the gunman, 'don't shoot him.' The gunman paused, raised and lowered his gun three times, and then shot Scales in the right-side of his abdomen. Police arrived at the scene. Jr. identified D in a 9-person photographic array. The jury found D guilty of conspiracy to commit armed robbery; AAWA and armed robbery, as to Scales; four counts of AWIRWA, as to Lorenzo, Lorenzo Ross, Sr., Derrick Ross, and Martino; and seven counts of PFCV - one for each of the seven armed predicate offenses. D appealed.
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