People v. Ruiz CA4/3

FACTS

I. Substantive Facts

Kiahra C. and her husband, Christopher D., went to First Street and Willow Street in San Jose for Kiahra to work as a prostitute. Christopher sat nearby in their car, which was parked at a laundromat, while Kiahra walked on First Street. David M. propositioned Kiahra. They walked to his car—David sat in the driver’s seat, and Kiahra sat in the passenger’s seat. David put the key in the ignition, and they talked. Minutes later, the driver’s side door opened, and the car’s interior lights illuminated. Kiahra leaned forward and saw a man wearing a black jacket and black gloves; she thought he was a police officer. The man asked David for his identification. David said they had not done anything wrong. Kiahra became suspicious the man was not an officer and asked him what was wrong. The man asked Kiahra to wait a moment and continued to ask for David for his identification. As David produced his wallet, he asked the man to see his badge. The man grabbed the wallet, and after a brief struggle over the wallet, he ran away. David chased the man. Kiahra got out but stayed next to the car. With David in pursuit, the man turned and shot him. The man ran towards…