People v. Santos CA2/5

FACTS AND PROCEDURAL HISTORY3

“On October 10, 1995, [Ricardo] Aguilera agreed to meet with defendant to purchase a gun. Aguilera drove to a house on Highland Avenue with his teenage stepson Gillard and Gillard’s cousin Laws. Neither Aguilera, Laws nor Gillard was in possession of a firearm. Aguilera entered the house. Inside the house were defendant and [Jason] Richard with many firearms displayed. Aguilera inspected a nine-millimeter gun, and defendant quoted a price. Aguilera thought the price might be too high so he went outside to discuss it with Laws. Laws and Aguilera returned to the house. Gillard continued to wait in the car listening to music. “Defendant pointed a gun at Laws and Aguilera, and told them to lie on the ground. Richard went through the two men’s pockets and removed cash and papers. Richard then went outside at defendant’s behest to retrieve Gillard. Gillard entered the house. When he saw Aguilera and Laws lying on the ground, Gillard thought they were dead and he would be killed. He turned to flee when he was confronted by Richard with a gun. Gillard and Richard struggled for the gun. The gun fired. During the struggle, defendant, who was across the living…