## Facts

- Chad Brandon McZeal drove a distinctive purple Mercedes to his aunt’s home on Yaffa Street with three passengers: Brijae Wilcher, Tabatha Hardison, and a man named “Chris.”
- McZeal parked across the street and went to speak with his aunt while the passengers remained in the car.
- The car was parked in front of neighbor Anthony Evans’s driveway. Evans came out and asked why they were parked there.
- Chris got out and argued with Evans.
- Neighbor Micah Riley and his cousin, Trevor Jerome Anderson, walked toward the dispute. Evans told Riley he thought the men from the car were trying to “jump” him, and Riley offered to help.
- McZeal returned to the street and argued with Riley and Anderson. Riley and Anderson challenged McZeal to fight, but witnesses described McZeal and Chris as not eager to engage in a physical fight.
- Evans told Riley to go inside; Riley refused. Evans then went inside.
- McZeal’s aunt came outside and told McZeal to leave. McZeal drove away after telling Anderson words to the effect of “I’ll be back.”
- After McZeal left, Riley obtained a gun. Anderson called his younger brother, Andre, told him about the confrontation, and Andre came to the area.
- Anderson and Andre stood on the corner in front of Riley’s house.
- McZeal dropped off Wilcher and Hardison. They later testified McZeal appeared calm and did not appear angry about the earlier argument.
- McZeal returned to Yaffa Street, approached on foot, and shot Anderson in the arm. Anderson fled.
- McZeal then shot Andre multiple times, killing him.
- The prosecution presented eyewitness identifications and circumstantial evidence (including video evidence consistent with McZeal’s vehicle and movements) to prove McZeal was the shooter, and also presented evidence supporting gang findings.
- A jury convicted McZeal of first-degree murder, attempted murder, possession of a firearm by a felon with three prior convictions, and unlawful possession of ammunition, and found gang allegations true. The trial court imposed an aggregate sentence of 90 years to life.

## Issues

1. Did the trial court err by declining to discharge a sitting juror who reported stress and hardship and allegedly could not serve impartially?
2. Was the evidence sufficient to support the jury’s finding that McZeal was the shooter?
3. Did the trial court err by refusing to instruct on voluntary manslaughter based on heat of passion as a lesser included offense of murder?

## Decision

- Affirmed.
- The trial court did not abuse its discretion in refusing to discharge the juror because the record did not show, as a demonstrable reality, that the juror was unable to perform her duties or decide the case fairly.
- Substantial evidence supported the identity finding; credibility disputes and conflicts in testimony were for the jury to resolve.
- The trial court properly refused a heat-of-passion voluntary manslaughter instruction because there was no substantial evidence of legally adequate provocation and the sequence of events showed time for reflection after the initial confrontation.

## Legal Principles

- A sworn juror may be discharged only for good cause shown by the record; the inability to perform juror duties must appear as a demonstrable reality, and ordinary stress or inconvenience—especially where the juror states she can be fair—does not require removal.
- In reviewing sufficiency of the evidence, the appellate court views the evidence in the light most favorable to the judgment and asks whether any rational trier of fact could have found the elements beyond a reasonable doubt; it does not reweigh evidence or second-guess credibility determinations.
- A trial court must instruct on a lesser included offense only when there is substantial evidence from which a reasonable jury could conclude the defendant committed the lesser offense but not the greater.
- Heat-of-passion voluntary manslaughter requires (1) objectively adequate provocation that would cause an ordinary person to act rashly and without due deliberation, and (2) evidence the defendant actually acted under the influence of that passion at the time of the killing.
- A cooling-off period, including leaving the scene and later returning to commit the killing, supports the conclusion that the defendant had time for deliberation and defeats a heat-of-passion instruction absent other substantial evidence.

## Conclusion

The Court of Appeal affirmed McZeal’s convictions and 90-years-to-life sentence, holding that the trial court acted within its discretion in retaining the challenged juror, that the identification and corroborating evidence permitted a rational jury to find McZeal was the shooter, and that the court had no duty to instruct on heat-of-passion voluntary manslaughter because the earlier verbal confrontation did not amount to legally adequate provocation and McZeal’s departure and return showed time for reflection before the shooting.


People v. McZeal, 2020 WL 5793282 (2020)