Man's conviction upheld for bystander's shooting death in Long Beach

A state appeals court panel Wednesday upheld a Sylmar man's conviction for opening fire after an argument and killing an innocent bystander in Long Beach.

The three-justice panel from California's 2nd District Court of Appeal rejected the defense's contention that there was insufficient evidence to support Thomas Terrell McCreary's first-degree murder conviction for the Dec. 1, 2018, killing of 24-year-old Anna Perez, who was struck in the chest by a bullet.

Long Beach police said shortly after the shooting that an argument erupted between two groups of people in a parking lot in the 300 block of Pacific Avenue and that McCreary opened fire.

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Perez was fatally shot, even though she had no involvement in the dispute that led to the gunfire, according to police.

McCreary -- who had a 2007 conviction for first-degree residential burglary -- was arrested just under a week later.

The appellate court panel found that "there is substantial evidence of all of the necessary factors supporting the jury's finding that defendant acted with premeditation and deliberation."

The justices noted that jurors "properly found him guilty of first- degree murder upon finding he harbored express malice, an intent to kill, as to his intended target, which transferred to the unintended victim under well- established California law."

McCreary, now 48, was sentenced to 89 years to life in state prison.

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