People v. Lopez CA4/2

BACKGROUND

In 2016, the San Bernardino County District Attorney charged Lopez by amended

information with the premeditated attempted murder of Kent Patrick Hay on New Year’s

Eve in 2013. (§§ 664, 187, subd. (a).) The information also alleged that Lopez

committed one count of shooting from a motor vehicle (§ 26100), along with three

firearm enhancements as to both counts—personal use of a firearm (§ 12022.53, subd.

(b)), personal and intentional discharge of a firearm (§ 12022.53, subd. (c)), and personal

and intentional discharge of a firearm causing great bodily injury (§ 12022.53, subd. (d)).

At the preliminary hearing, four police officers testified for the People. No

witnesses testified for the defense. Officer Michele Mahan spoke with Kent in the

hospital one week after the shooting. Kent was hooked up to various machines and had a

tracheotomy but was able to speak. He described what happened on New Year’s Eve in

2013 as follows: As he and his brother, Kevin B., were walking in a grocery store

3 parking lot toward the store entrance, the driver of a fancy red truck stopped and yelled

something at them. Neither brother responded. The brothers went inside the…