According to reports, an altercation began inside the Black and Blue Lounge that made its way out into the parking lot. At some point during the incident, one of the people in the argument pulled out a gun and shot at the other party several times. The victim was hit by gunfire in the upper torso and taken for emergency medical evaluation.
The suspect got away that night, but an investigation was immediately begun by detectives that led to the identification and subsequent arrest of the suspect in Lancaster. The suspect, 23, and a loaded firearm believed to be the gun involved in the shooting were found in the home. The suspect was arrested and charged with attempted murder.
Attempted murder is covered under California Penal Codes 664/187(a) PC and is described as intending to kill someone and taking a direct step in the effort to do so, but the victim doesn’t die.
Examples of Attempted Murder
- Poisoning someone who then survives
- Stabbing someone in an attempt to kill them, but failing to do so
In order for someone to be convicted of committing attempted first-degree murder, two things need to be established. The first is that the suspect intended to kill the victim (known as malice aforethought), AND that they took at least one direct, but ineffective, step toward killing another person.
The potential penalties for attempted murder vary depending on the circumstances of the case and what, exactly, the suspect is charged with. Attempted first-degree murder carries the potential sentence of life in state prison with the possibility of parole. Attempted second-degree murder carries the potential sentences of 5, 7, or 9 years in prison.
Since the suspect used a gun to commit the attempted crime, he is also facing a mandatory 25-years-to-life in prison as an enhanced sentence under California’s “10-20-Life Use a Gun and You’re Done Law.”