People v. Lyons CA5

BACKGROUND

I. The shooting2

G.Z., a self-employed taxi driver, was at a casino when two men—defendant and Jeffrey Rector—requested a ride. G.Z. ended his card game and met the pair outside. Defendant and Rector sat in the back of the taxi and Rector instructed G.Z. to go to a nearby intersection. Rector then directed G.Z. to drive down an alley, but G.Z. declined and stopped on the street. After G.Z. advised the fare was five dollars, Rector refused to pay and instead demanded G.Z.’s money. G.Z. did not comply. Defendant and Rector continued talking. Finally, defendant ordered G.Z. to exit the vehicle. G.Z., who feared for his life, got out of the car. Rector pulled out a gun and shot G.Z. twice. Thereafter,

1 Unless otherwise indicated, subsequent statutory citations refer to the Penal Code. 2 This section is based on a factual summary in our prior nonpublished opinion. (See People v. Rector (Mar. 19, 2014, F064902, F065064) as modified Apr. 1, 2014.)

2. G.Z. got back inside the taxi, picked up his telephone, and called emergency services. He heard the gun dry firing, so he drove away. Bakersfield Police Officer Ward responded to the scene of the taxi and observed what…