P. v. Iniguez
Dustin Garnett agreed to sell marijuana to Francisco Iniguez. Garnett went with his friend Christopher Stoner to a motel room where, he was told, the deal was to go down. Instead, Iniguez, Jesus De Leon, and others kidnapped Garnett and Stoner and, on a remote frontage road in the middle of the night, fired shots at Stoner, killing him, and at Garnett, hitting him in the hand. Garnett fell to the ground, put his bloody hand over his head, and played dead. Something cold and round touched the back of his head. Then he heard someone say, [T]heyre dead, dont shoot any more. Lets not make any more noise. Leaving Stoner dead and Garnett for dead, everyone else drove away.
A jury found Iniguez and De Leon guilty of, inter alia, first degree special circumstance murder of Stoner, attempted willful, deliberate, and premeditated murder of Garnett, kidnapping of both to commit robbery, robbery of both, and conspiracy to kidnap both. Additionally, the jury found allegations true of, inter alia, personal and intentional discharge by a principal of a firearm proximately causing great bodily injury or death and commission of the crimes to benefit a criminal street gang.
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