The People v. Simon CA4/3

FACTS

In the early morning hours of March 17, 2006, Armand Jones, a young, African-American actor of some promise, was shot during a robbery at a Denny’s restaurant in Anaheim. The evening had begun with Jones and several of his friends, including Dwayne Washington, Giovanni Boyd, and Brent Hurd, dancing at the Boogie nightclub in Anaheim. The young men were well-dressed and wearing expensive looking diamond stud earrings, gold chain necklaces, and gold watches. After the nightclub closed, Jones, Washington, Boyd, and Hurd went to a nearby Denny’s. They met Ronnell Spencer and some women that they had just met at the nightclub, and the group of about 10 people sat down to eat. Washington and Boyd got up to use the restroom. Washington went to the urinal while Boyd went into a stall. Washington was waiting for Boyd when several African-American males and one African-American female, who dressed as a male, entered the restroom together. They asked Washington, “Where you from[,]” and demanded he give them all of his “stuff.” When Washington hesitated, one of the men pulled out a black revolver and pointed it at his face. He said to Washington, “Give me all your stuff. And if you go…