People v. Rivera CA2/8

FACTS

The Shooting and Criminal Investigation Fernando Vera worked as an armed security guard at the Kitty Kat bar in Huntington Park. He carried a 40-caliber firearm in his belt holster and wore a security uniform. During the hours from late March 4, 2011 into early March 5, 2011, Vera checked identification of patrons entering the bar. At about 12:20 a.m., on March 5, 2011, Rivera approached Vera and asked him how much a beer cost. Rivera was wearing a black jacket with the hood over his head, but the area where Vera was checking identification was well lit, and Vera saw Rivera’s face for eight to ten seconds. When Vera said he did not know how much a beer cost, Rivera walked back outside. Vera saw Rivera light a cigarette while with another person who was shorter than Rivera. Minutes later, the person with Rivera entered the bar and bought a drink. Shortly thereafter, Rivera walked up to the bar’s entrance again. He immediately put a revolver to Vera’s temple, and said, “Give me your gun.” Vera recognized Rivera as the same person who had just moments before asked about the price of beer. When Vera moved slightly, Rivera shot him in the face. Vera fell to the ground, and…