Retrial over deadly Trader Joe’s shooting in Los Angeles kicks off

A South LA man wasn't present for the second trial seeking to convict him for murder under the 'provocative act theory' during a shootout with the police.LOS ANGELES (CN) — A Los Angeles man went on trial for the second time Monday for the murder of a Trader Joe’s employee who was killed during crossfire with police after the man fled into the market in the Silver Lake neighborhood.Two months ago, a jury found Gene Atkins, 36, guilty of the attempted murders of his grandmother and his girlfriend on July 21, 2018, but was unable to reach a unanimous verdict on a second-degree murder charge for the death of 27-year-old Melyda Marciela Corado.Prosecutors with the LA County District Attorney’s Office are seeking to convict Atkins under the so-called provocative act theory of murder, under a which a defendant can be found guilty of murder by committing a crime that provokes a third-party, in this case the police, to use deadly force.Corado was struck by a police bullet after Atkins ran into the Trader Joe’s store — following a police pursuit during which he repeatedly fired his gun at the police and eventually crashed his car into an electric pole outside the market — and continued to fire at the police outside while hiding in the produce aisle.“It resulted in the tragic death of a young woman who was simply doing her job that day,” Deputy District Attorney Ani Bailey told the jury during her opening statement in downtown LA.Atkins wasn’t present in court. His attorney, Errol Cook, didn’t make an opening statement.Atkins shot his grandmother, with whom he’d lived since he was 7, and his girlfriend, Leah Williams, both at close range at the house they shared in South LA. He then dragged Williams, who was bleeding from a graze wound to her forehead, into his grandmother’s blue Toyota Camry and drove around for about an hour and a half before police caught up with him.What followed was a frantic pursuit — Atkins fired his gun out of his back windshield, and at one point stopped in a gas station, where he tried to steal a family’s car. Eventually he crashed his grandmother’s car into a utility pole, again fired his gun at the police and ran into the nearby supermarket.Though the city paid the Corado family $9.5 million to settle a wrongful death claim, prosecutors concluded the two officers who shot at Atkins acted lawfully in defense of themselves and others.They instead charged Atkins with the murder, under the theory that Corado’s death was the natural consequence of him shooting at police. He was also charged with 39 other counts, including the attempted murder of his grandmother and Williams, kidnapping, grand theft and false imprisonment for holding dozens of store employees and customers hostage in a tense standoff following the police shootout that ended in his surrender.Atkins’ grandmother, Mary Madison, survived the shooting, but lived the rest of her life in a wheelchair and died in 2024. Before that, she gave testimony, video of which was played in court during Atkins’ first trial. Williams also testified, at the first trial, telling the court that Atkins had been abusive with her on numerous occasions. She said she woke up in his bed that morning not knowing how she got there.“I woke up to him staring at me,” she told the jury. “He was saying a lot of wacky things … Like crazy things. He said, ‘If I can’t have you, no one can.” He was ’tired of chasing me.’ I know there’s more … He said ‘you left me here with these people.’ I don’t know what that means at all.”Initially, Atkins had pleaded not guilty by reason of insanity, telling the court in 2019, “I was sent here by Jesus” and “I’m a prophet. Sent to correct the wrong."In 2021, he was found mentally competent to stand trial. He mostly represented himself in pretrial hearings but eventually settled on a defense attorney, Cook. During the two-week trial, Cook did not present an opening statement nor call any witnesses. His client was only an intermittent presence; on many mornings, he refused to leave his jail cell to attend his trial.Atkins holed up in the Trader Joe’s market, with customers and employees as hostages, for three hours before he finally surrendered. He allowed two people to carry Corado out shortly after she had been shot and was lying wounded on the floor. She was pronounced dead soon after.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads