People v. Smith CA3

FACTS AND PROCEEDINGS

A Fastrip gas station was a popular late-night hangout. On September 4, 2010, after 2:00 a.m., Danielle Benefield arrived there in a car with two female friends. The driver got out to mingle with the crowd, but Benefield stayed in the car with Roxanne Neal, who did not like the atmosphere. When the driver did not return right away, Benefield got in the driver’s seat and moved the car to the side. A man holding a gun at his side emerged from some parking stalls and called out, “Do we have a problem?” Before they could answer, the man began firing his gun. Neal ducked down in the back seat. She heard three gun shots and the sound of glass shattering. Benefield said, “I’ve been hit.” The car was moving and drifted, but Neal managed to stop it. She did not get a good look at the shooter’s face because she was focused on his gun, which appeared to be a revolver. He was wearing a white T-shirt and blue jeans. The victim died within minutes from a single gunshot that entered through her back and passed through her right lung and heart. Defendant’s friend, Fredrick Robinson, called as a witness by the prosecution, testified he went with defendant to “hang out” at…