LANCASTER – A state appeals court panel Tuesday upheld a man’s conviction for fatally shooting a man during a 2012 street brawl in Lancaster.
The three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention that there were errors in the trial of Cedric Burton Jr., who is serving a life prison term without the possibility of parole.
Burton was convicted in September 2018 of first-degree murder for the Nov. 29, 2012, slaying of Brandy “Brandon” Houston. Jurors also found true the special circumstance allegation of murder while lying in wait.
“There was substantial evidence that appellant launched a surprise attack on Houston, an unsuspecting victim, from a position of advantage,” the appellate court justices found. “The jury reasonably could have found that Houston, seeing appellant waiting by the gate where he and his companions had first appeared, viewed appellant as a noncombatant, and that Houston’s attention was diverted from appellant by the fistfight.”
Three other men — Terrell Henderson, Randy Sullivan and Joshua Lockett — were sentenced in 2014 to potential life prison terms after being convicted of second-degree murder for Houston’s killing. A state appeals court panel subsequently rejected the defense’s claim that there was insufficient evidence to support their convictions, and the California Supreme Court refused in 2016 to review the case.
The brawl was spurred by an argument between 21-year-old Houston and his live-in girlfriend, who had called her sister for a ride, according to the Los Angeles County Sheriff’s Department.
Her sister sent Henderson, Sullivan and Lockett to pick her up, and they got into an argument with Houston and his family members. The three men left, but promised to return.
The men later returned with Burton, and a melee erupted in which Burton shot the victim 11 times, authorities said.
Burton was arrested in May 2016 by sheriff’s detectives in connection with the killing. His first trial ended with a deadlocked jury.
Previous related stories:
Man sentenced for deadly street brawl in Lancaster
Man convicted in deadly street brawl in Lancaster
Man pleads not guilty in 2012 Lancaster killing
Alleged shooter charged in 2012 Lancaster street brawl murder
Man gets 17 to life for Lancaster daylight shooting death
Man gets 35 to life for Lancaster street brawl murder
Man gets 15 to life for daylight murder
Trio found guilty in Lancaster street brawl murder
Trial opens for 3 charged in daylight murder
Trio pleads not guilty in daylight shooting death
Gunman still at large in daylight shooting death, witnesses say
3 arrested for murder in daylight shooting death
Man shot to death in Lancaster
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Eric says
Where’s the protesters for these upstanding citizens. Oh maybe they were innocent. LMAO
Tom says
One shot might be an accident, two or three shots oh i didnt mean too. 11 shots is I really wanted to kill you.
Eastside says
Maybe there’s no protest because the convicted men are being rightfully punished. That ever occur to you dimwit?