People v. Trejo CA3

FACTS AND HISTORY OF THE PROCEEDINGS

A group of robbers, including defendants Tesfazghi and Trejo, attempted to rob the home of a family where marijuana was grown. During the attempt, one of the victims

2 of the robbery shot and killed one of the robbers. At trial, numerous witnesses testified including several members of the victim family and several of the robbers.

The Victims’ Testimony

The mother of the victim family testified that she was serving lunch to her children, when she heard a car drive quickly up their driveway. Looking out the window, she saw four people get out of the car, wearing masks. One drew a gun. She told her adult son (the shooter) that masked men with guns were coming. The shooter told her to take the younger daughter to the bedroom. The mother did, and from the bedroom she heard gunshots. The shooter testified that he heard someone drive into the driveway very fast. His mother then told him armed, masked men were outside. He looked through the window and saw someone (the decedent) dressed in black draw a gun. The shooter tried to lock the door to the house, but he couldn’t get it closed. He then ran to his parent’s bedroom and got their revolver. He…