People v. Estrada CA1/4

BACKGROUND

I. Facts

At trial, Heagney testified that he, Estrada, and Ackerman had met up on the day of the crimes with the plan to “hang out” and then go to a comedy show in the evening. All three were drinking at Estrada’s apartment and went to a restaurant before heading to the show. In the parking lot, Estrada showed Heagney a gun in the trunk of his car, although Heagney agreed that Estrada “was showing it to [him] like check this out this cool thing I have.” Other testimony established that the gun was gold-colored and was not operational. Ackerman, then 18 years old, was under the 21-year age limit for the show, and when she was denied entry, Estrada began to argue with security. Ackerman attempted to intervene, but all three eventually returned to Estrada’s parked car, where Ackerman and Estrada “started arguing and fighting.” All three got into the car, with Estrada driving. The arguing between Estrada and Ackerman escalated. When Estrada stopped the car at a traffic light, he and Ackerman had a physical altercation. Estrada threatened to kill both Heagney and Ackerman, and told them to get out of the car. Ackerman and Heagney got back in the car and the three…