People v. Lopez CA3

BACKGROUND

In the early evening of June 20, 2012, a man entered the Cigarette Stop tobacco store armed with a shotgun. He cocked the shotgun and pointed it at the store’s owner Hiteshwar Nahal and an employee Mohammad Yassar. The gunman demanded money from Nahal, saying, “money, money . . . I need more money.” Nahal went to the register,

1 gave the gunman all the cash inside, about $100, and said, “I give you money . . . [d]on’t kill me.” The gunman also took a number of T-shirts, including several extra-large Pro Cali shirts, and Nahal’s cell phone. As he left the store, he told Yassar and Nahal to lie down. Yassar was so frightened he stopped thinking. He put his hands up and lay down on the floor. He did not understand the man, but was afraid he would be shot. He stayed prone on the floor until the gunman left the store. Nahal described the gunman’s clothing as wearing a long-sleeved T-shirt, black and red shorts, and white shoes. He also noticed the robber had a zigzag tattoo on the back of one leg below the knee; he thought it looked like a snake. Dino Clark was in his car in the parking lot behind the store. He saw a man with a limp walking toward him from the rear of the…