People v. Kumar CA5

FACTS AND PROCEDURAL HISTORY

The district attorney filed an information charging Kumar with three counts: (1) premeditated murder of Lal (Pen. Code, § 187, subd. (a)1); (2) premeditated murder of Singh (ibid.); and (3) assault with a deadly weapon against the third man, Meeka Mander (§ 245, subd. (a)(1)). A multiple-murder special circumstance was alleged for counts 1 and 2. (§ 190.2, subd. (a)(3).) For all counts, personal use of a deadly weapon, namely a knife, was alleged. (§ 12022, subd. (b)(1).) At trial, Gurpal Singh Dhillon testified that Lal and Singh were partners in GMB Ice Cream Warehouse. Dhillon was a partner of Lal and Singh’s in another business. Dhillon was also an ice cream truck driver and bought his ice cream from GMB Ice Cream Warehouse. Kumar was an ice cream truck driver as well. He complained to Dhillon about his brother’s business practices and sometimes tried to persuade Dhillon to join him in launching a venture that would undersell GMB Ice Cream Warehouse. Kumar frequently told Dhillon, in an angry tone, that he had done much for Lal and Singh in India, but they had done nothing for him in the United States. Dhillon finally asked Kumar not to speak ill…