People v. Harvey CA3

BACKGROUND

Defendant entered a Taco Bell in Sacramento just before 9:00 p.m. on September 12, 2016. He had a gun and was wearing a hood drawn tight with only his eyes, nose, mouth, and some hair visible. At the time, four Taco Bell employees were in the store. Wayne L. was at the drive-through window; Ernesto A. and Cesar Z. were in the food preparation area; and assistant manager Meghan G. was in the back office. Defendant was in the store about two or three minutes. Holding the gun, defendant went to Cesar and told him to open one of the cash registers, but Cesar told defendant he did not know how. Defendant then approached Wayne, who had been at the drive-through window, and took him at gunpoint to the back room. On the way, defendant pointed the gun at Cesar and Ernesto and told them to kneel down and put up their hands. As defendant and Wayne approached the back room, Meghan saw them and put up her hands. Defendant pointed the gun at Meghan and told her to open the safe and told the others not to do anything or he would kill her. While defendant held the gun to the back of her neck, Meghan tried to open the safe, but it would not open. Defendant asked if she thought he was…