People v. Pineda CA1/2

BACKGROUND

On the evening of September 12, 2021, N.L. was driving home on eastbound Interstate 80 in Fairfield when she noticed a black SUV coming towards her, “kind of pushing her.” N.L. thought the SUV driver was trying to change lanes, but instead the SUV cut her off and got in front of her. As both vehicles exited the freeway, N.L. slowed down, trying to keep a distance from the SUV. N.L. trailed behind the SUV down the exit ramp and stopped at the traffic light. Both vehicles turned left onto Waterman Boulevard; N.L. stayed in the right lane, and the SUV pulled into one of the left lanes. Both vehicles stopped at the next traffic light, where N.L. was preparing to make a right turn. There were no other cars around. N.L. looked over at the SUV and noticed its passenger side window open. She was able to see the driver, whom she identified in court as Pineda. N.L. looked “eye to eye” with the driver for “maybe, I don’t know, five seconds, three seconds,” but neither N.L. nor Pineda communicated verbally or made any gestures. “[I]nstantly when [N.L.] turned,” she “felt that boom feeling on [her] car”; her first thought was “oh, my God, I got shot at.” She did not see a gun being…