A state appeals court panel Friday upheld an Inglewood man’s conviction for the August 2016 shooting death of rapper Kid Cali at a pool party in Granada Hills.
The three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention that the trial court erred by admitting evidence that Kenny Birdine had a loaded handgun in his possession when he was arrested three weeks after the Aug. 20, 2016, killing of Justin Lishey, who was professionally known as Kid Cali or Cali OSo.
“Appellant repeatedly insisted that he never intended to shoot or hurt anyone, much less kill Lishey, whom he did not even know. But the fact that appellant had a loaded gun in his possession just three weeks after killing Lishey directly undermined appellant’s credibility in making those assertions,” Administrative Presiding Justice Elwood Lui wrote on behalf of the panel in its 15-page ruling.
Ballistics tests to determine whether the nine-millimeter semiautomatic handgun was the same one used to kill Lishey were inconclusive, according to the appellate court panel’s ruling.
The 30-year-old rapper, who was shot four times, died soon afterward, the appellate court panel noted in its ruling.
Birdine — also known as “Lil’ Rampage” — believed the victim was a rival gang member, but Lishey was not a documented gang member and did nothing to provoke the attack, according to Deputy District Attorney Amy Murphy.
Birdine was convicted in October 2018 of first-degree murder. Jurors also found true allegations that he personally discharged a firearm causing death and that the crime was gang-related.
He is serving a 50-year-to-life state prison sentence.