People v. Zamarron CA4/3

FACTS

As Zamarron acknowledges in his opening brief, trial testimony demonstrated that on December 29, 1995, at approximately 2:00 a.m., the victim arrived home after a night out. He was opening the door of his truck in the alley next to his home when he saw an El Camino approaching him with its lights off. As the car passed him, the victim recognized Zamarron sitting inside; he did not recognize either the driver or the third person in the car. The El Camino parked behind the victim’s truck; when the driver got out of the El Camino, the victim picked up a steering wheel locking device to use for potential defense. As the victim started to walk away, he was hit on the back. When he turned around, he saw a man with a gun, who told the victim several times that he was going to die. The man with the gun then shot the victim; as the victim moved toward the shooter, he was shot again in the stomach. The victim then struck the shooter in the face, causing him to fall and drop the gun, which the victim kicked away. Zamarron, who by that time had also gotten out of the car, picked up the gun while the victim ran toward the shooter. Zamarron, who was about 10 feet from the two men,…