People v. Bonilla CA4/2

FACTS

On June 30, 2018, defendant attended a baby shower held at an Elks Lodge.

Defendant walked into the bar area of the Lodge. Defendant argued with an

unidentified man in the bar. The two men were “very close in each other’s faces. They

were screaming at each other, grabbing at their waistband[s]. [¶] ‘Are you packing,

fool?’ [¶] ‘Yeah, I’m fucking packing. Are you fucking packing?’ [¶] . . . [J]ust going

back and forth talking about their guns.” The bartender ejected both men from the bar

at approximately 7:02 p.m.

Defendant went to the Lodge’s parking lot. Defendant removed a firearm from

his waistband or pocket and moved the slide of the gun to chamber a round. Defendant

checked that a round was chambered in the gun and placed the gun in his pocket.

At 7:04 p.m. defendant reentered the Lodge. Defendant sat at a table in the area

where the baby shower was taking place. Thomas Vargas (Vargas) approached

defendant, and either placed defendant in a chokehold or gave him a one-armed hug

from behind. Defendant stood up, faced Vargas, and the two began pushing and

shoving one another. At 7:06 p.m., defendant fired his gun five times. Defendant’s

gunshots killed his…