People v. Tepelikyan CA2/1

FACTS AND PROCEEDINGS BELOW

I. Prosecution Evidence in First Trial2

On the evening of October 6, 2010, three people in a car—an African-American man (John Doe 1), a White man (John Doe 2) and a Hispanic woman—pulled into a shopping center on North Western Avenue in Los Angeles and the two men went into Harold’s Cigar Market, where Tepelikyan worked. Allen Zaroyan, an employee at a restaurant in the same shopping center as the cigar store, testified: Tepelikyan followed the two men into the store and, when they exited, followed them into the parking lot and began arguing with John Doe 1. During

1 Further statutory references are to the Penal Code. 2 As Tepelikyan’s arguments on appeal relate to his conviction of one count of carrying a loaded, unregistered firearm after the first trial, we do not summarize the evidence in the second trial.

2 the argument, Tepelikyan went back inside the store and returned with a gun. Tepelikyan held the gun pointed straight up and continued arguing with John Does 1 and 2, and all three were yelling at each other and screaming, “Fuck you.” Tepelikyan yelled, “Fuck you, nigger” to John Doe 1 and pointed the gun at John Doe 2 who was…