San Diego Criminal Defense Lawyer Blog

San Diego Resident Samuel Webster is being charged with 1st-Degree Murder in the Death of Devin Johnson.

Webster allegedly shot and killed Johnson in broad daylight on the day of December 10, 2009 in the 3200 block of Fairmount Avenue in City Heights at Maddox Liquor. Deputy District Attorney Paul Reizen told a jury that the victim and his girlfriend had stopped at Maddox Liquor where they then headed to a nearby bus stop where Johnson saw Webster pull up in a silver-colored Honda and look his way. Johnson allegedly yelled something to the defendant after his girlfriend told him that Webster was staring at him. Webster yelled “What”, got back in his Honda and commanded his girlfriend to drive around the block. According to the prosecutor, a few minutes later 27-year-old Webster leaned out of the Honda and fired two shots, one hitting the victim in the back. After Webster fired the shots he reportedly yelled to Johnson “I smoked you”.

The San Diego homicide was caught on tape by the liquor store’s cameras. Reizen told the jury that “This is one of the rare cases where you’re actually going to see a cold-blooded murder on video”. Rachel Battle, the defendant’s girlfriend, told police that Webster was frantic and told her he wanted to “scare” Johnson during the drive-by.

San Diego defense attorney Dawnella Gilzean said Battle constantly changed her story and told the police a variety of stories. Gilzean also said in her opening statement “she changed her story repeatedly”. Gilzean said that the morning of the shooting Webster and Battle were arguing about bills and Webster also told Battle that he was leaving San Diego with another woman. If convicted with the charge, Webster faces life n prison without the possibility of parole.

Suspect Accused Of Shooting Man Who Didn't Say 'Hi, 10news.com, January 4, 2010

Prosecutor: Man shot stranger in back over perceived slight, fox5sandiego.com, January 5, 2010