People v. Lopez CA2/6

FACTS

On July 21, 2016, John Doe was driving a sport utility vehicle (SUV) with his wife as a passenger. They stopped at a gas station in Santa Maria. As Doe was pulling up to the pump, Lopez was standing in front of him, possibly looking at his cell phone. Doe rolled down his window and asked if he could pass. Lopez did not reply but stared at him in an angry manner. He waived his arm and asked if Doe was in a hurry. Lopez said that as a pedestrian he had the right of way and Doe would have to wait until he moved. Doe apologized several times. Lopez called Doe a big “pussy” and challenged Doe to a fight. He began to make offensive comments about Doe’s wife. Doe’s wife threatened to call the police if Lopez did not leave them alone. Lopez continued to make offensive comments about Doe’s wife. Doe got out of his SUV. Doe grabbed Lopez by the shirt and pushed Doe against a column at the gasoline pump. Lopez went to his truck and Doe got into his SUV. As Doe was turning on the ignition, he saw Lopez pointing a gun at him. A gas station employee also saw Lopez

2 in front of the SUV with a gun in his hand. Lopez shot Doe in the head. Lopez continued to try to shoot, but the gun only…