People v. Warda CA5

INTRODUCTION

Appellant Peter James Warda was leaving a bar with Michelle Gamble when he saw Christopher Woodward leaning against his car, facing Thomas Hinchman. Warda confronted them and Woodward apologized. Warda and Gamble got into the car to leave. As Warda was backing up, he heard one of the men say, “Bitch” and then heard something hit his car. Warda stopped the car and got out. As Warda got out, Woodward and Hinchman approached him. Warda hit Hinchman in the face and the three got into a fight. Warda ended up on the ground, protecting himself with his hands. The two men stopped hitting Warda and Woodward backed away. Warda stood up, pulled out a concealed firearm, and shot and killed Hinchman. Warda got into his car and drove away. Warda pled guilty to being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1),1 count II). A jury convicted Warda of voluntary manslaughter (§ 192, subd. (a), in count I) and found the allegation that he personally discharged the firearm in violation of section 12022.5, subdivision (a), to be true. In a bifurcated proceeding, the trial court found the section 12022.1 out-on-bail enhancement true as to each count. Warda was…