P.v. Rodgers CA4/3

FACTS

Defendant and Jeanie Waterson, the victim, lived in the same mobile home park. They were friends and would visit each other in their mobile homes. Late in the morning of December 22, 2002, they were riding in a car together; defendant the driver. Witness Scott Ferrell was stopped at a light when he heard a gunshot. He saw defendant’s car diagonally across the intersection with a gunshot in the windshield. A passenger in the car seemed to be convulsing, and Ferrell thought she had been shot in the head. Ferrell saw the driver with a revolver in his hand. He then noticed that, as the car began to coast into the intersection, the driver pointed the gun at his passenger and fired a second shot into her head. After Ferrell heard a third shot, he drove to a safe position and called the police. Defendant’s car came to a stop. He got out, went to the back passenger side, and leaned over the window. A black Porsche approached and the driver of that car got out and approached defendant, believing there had been an accident. He asked defendant if he was okay. Defendant reached for his gun and the Porsche driver ran back to his own car. Defendant returned to the driver’s side of his…