State v. Dean

450 P.3d 819 (2019)

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State v. Dean

Kansas Supreme Court
450 P.3d 819 (2019)

SH

Facts

Montreal Rambo, a member of the Crips gang, was shot in the leg and rendered an amputee by James Gary, a member of the Bloods gang. Rambo was close friends with Marquel D. Dean (defendant), also a Crip. About a month later, Gary and other members of the Bloods gang attended a large party. Dean’s girlfriend was in attendance and called him after spotting Gary in the crowd. Shortly thereafter, Dean walked into the party and, when he got close to Gary, shots were fired. Gary was hit four times and later died as a result. Several witnesses reported that Dean was the shooter and that he was wearing red. One witness recalled that Gary was not holding a gun and also testified that Dean was wearing a plaid shirt when he first arrived to the party but was wearing a red shirt when he approached Gary. In general, Bloods wear red and Crips wear blue. Dean was convicted of premeditated murder. Dean appealed, arguing that the state presented insufficient evidence of premeditation.

Rule of Law

Issue

Holding and Reasoning (Stegall, J.)

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