People v. Hanks CA5

Facts Appellant and Rick Ryan were both members of a group of people who engaged in recreational drag racing. It was customary for members of the group to get together in the parking lot of a business called Bananas Hi Fi on the weekends to talk about and make plans for racing. On occasion, appellant would be accompanied by his wife who drove a green early 90’s Honda Accord with non-standard rims. On one night in October 1999, appellant and Ryan raced against one another. Ryan beat appellant, and because they had placed a wager on the race, appellant owed Ryan $100. The following week, while appellant and Ryan were speaking at Bananas Hi Fi, and Ryan was attempting to walk away from the conversation, a masked gunman appeared out of an alleyway and shot Ryan at close range several times, killing him. On the night of the shooting, appellant had arrived with his wife in the green Honda Accord. Witnesses saw appellant talk to Ryan. One witness described the conversation as getting “heated” and heard Ryan ask appellant to pay him his money or leave and told him, “You are not wanted here anymore,” to which appellant responded, “Okay. We’ll see.” Appellant appeared to leave the area.…