Alameda County District Attorney’s office has overturned an attempted-murder conviction of a San Lorenzo resident who shot a man at a house party in San Leandro in December 2009, according to SF Gate.
Jeremy Millbrook was sentenced to 35 years to life in prison last year for shooting Sione Manoa — who was in a coma for almost a week after being shot.
On Jan. 8, the First District Court of Appeal ruled that jurors should have been allowed to decide if Millbrook acted in a heat of passion when he shot Manoa, after Manoa got into an argument with Millbrook’s girlfriend, Jennifer Diaz.
According to Justice James Humes, there was evidence that Manoa was acting belligerently at the house party — engaging in intense arguments. He also clenched his fists and lunged at Millbrook as they were shouting at each other after Millbrook asked why Manoa was calling Diaz names.
Millbrook could have been “acting under the actual influence of extreme emotion” caused by Manoa, says Humes.
The court is allowing prosecutors to convict Millbrook for attempted manslaughter or to retry him on attempted murder charges.