The People v. Duarte CA1/3

Facts Tony Simon was shot and killed at an Oakland gas station shortly after midnight on September 4, 2007. The police viewed a surveillance videotape of the incident. The videotape shows Simon driving into the gas station, where he speaks with a man standing at the passenger window. Two men then approach the driver‟s window. The police

1 All further section references are to the Penal Code.

1 recognized one of the men as Roland Davis but did not recognize the other man. The two men exchanged words with Simon after which Simon speeds out of the gas station. As Simon drives away, the unidentified man raises a handgun and fires multiple shots at him. Simon suffered gunshot wounds to his back and died at the scene. The police interviewed Davis, who identified defendant as the shooter. The police then interviewed defendant, who admitted shooting Simon while trying to rob him. In a recorded statement, defendant said: “I walked over to him. I reached in the car, and I tried to rob him. I told him man „Give it up.‟ And he tried to grab me like[,] like grab the gun[,] like fight me[,] like pull on me . . . Like pull off with me in the car. And the gun went off. I kept shootin‟ . . . .”…