P. v. Mejia CA4/3
Early one morning, Jose Ramirez and his wife, Alberta, heard their car alarm sounding. Alberta saw a young man standing at the garage. Jose went to the garage and noticed Mejia was outside standing next to a black car talking on a cellphone. When Jose entered the garage, he saw the back passenger window of his vehicle was broken. He watched Francisco Rodriguez, who was inside the vehicle, attempting to remove the speakers. Jose tried to leave the garage when Rodriguez turned and pointed a shotgun at him. Mejia, who was now holding a pistol, ordered Jose back into the garage.
Alberta, who was standing nearby, was holding a cellphone in her hand. Mejia pointed his pistol at her and grabbed her phone. At this point, the apartment complex manager arrived and told the two culprits, “Lower your weapon. Don’t be a fool. Think about what you’re doing.” Rodriguez pointed his shotgun at Jose and pulled the trigger three times, but the weapon did not fire.