People v. Villery CA2/8

Filed 10/3/24 P. v. Villery CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B329554

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA060012 v.

HENRY LOYD VILLERY,

Defendant and Appellant.

APPEAL from a post judgment order of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Affirmed. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael C. Keller and John Yang, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Henry Loyd Villery walked out of a house with a shotgun, aimed it at car passenger Reginald Anderson, and pulled the trigger. Anderson was in a car idling by the curb. The first blast hit Anderson, and his driver sped away. Villery kept firing as the car departed. This was spring 2001. Anderson and his driver were on their way to a check cashing place. They stopped to pick up one “Nicole.” Nicole got in the back seat. Anderson explained, “Then [Villery] came out of the house with the shotgun and just shot me.” Neither the prosecution nor the defense plumbed the motive for Villery’s gun attack. Anderson testified only as to Villery. No one asked him about his relationship with Villery. The preliminary hearing did not explore relationships, but instead focused on bare physical events: Q: “What was he carrying?” A: “A shotgun.” Q: “After you saw him come out with a shotgun, what happened?” A: “He just shot me.” Q: “How far was he from you?” A: “Say from about 10 feet, 15 feet, close range.” The blast hit Anderson in the shoulder and penetrated his upper chest. The driver reacted by hitting the gas; she “took off.” Villery fired three more times. The driver, Anderson, and Nicole fled in the car. The shots put Anderson in the hospital for 26 days. He had three surgeries.