Tuesday, January 24, 2017

People v. Garcia (Cal. Ct. App. - Jan. 24, 2107)

Whenever I see a fact pattern like this -- and I see it occasionally -- I really do wonder what the risk-benefit calculation of the relevant person looked like:

"At about 9:00 p.m. on January 27, 2011, Maria Mendiola went to one of the hair salons she owned, and at which she cut hair, to pick up the mail after closing. She saw a male and female, whom she described as “kids” standing outside the salon hugging. Ms. Mendiola picked up her mail from the mailbox and noticed the two approaching her as she returned to her parked truck, got in and started the engine. As the two got closer, the male told Ms. Mendiola that he knew her, or that she knew him. As she got into her truck, the male lifted up his shirt, pulled a gun out of his waistband and pointed it at her. The male told her to give him her purse. When Ms. Mendiola tried to close the truck door, the male told the female to hold it open.

The male repeatedly yelled at Ms. Mendiola to give him her money, her cell phone and the keys to her truck. Defendant said “Get off the truck. Give me the keys. Give me your purse. Give me the keys. Get off, get off.” Ms. Mendiola testified at trial that “I just thought he was going to kill me.” When she told the male she did not have any money, he took her cell phone from her hand and kept yelling at her to get out of the truck. Ms. Mendiola told the male that she was not going give him anything. He said, “I‟m going to shoot you. I‟m going to shoot you.” Ms. Mendiola said, “Well, shoot me.” The male then asked the female, “Do I shoot her?” And the female said, “Yes.” The male turned to Ms. Mendiola and shot her in the face."

First of all, just give up the stuff.  Don't tell the person to shoot you.  That much should be obvious.

Second, seriously, the shooter's asking someone else whether he should shoot the person?  Seems to me that's a decision you should make on your own, no?