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P. v. Aguilar CA4/3
A. Villegas (not the man’s full name) was drinking with a friend one night at a bar. Villegas became uncomfortable because he thought that a man in the bar—later identified as Aguilar—was looking at him. Soon after, Villegas was approached by another man who told him someone outside was breaking into his pickup truck.
Villegas went outside to the parking lot where he saw a man—later identified as Daniel Perez—sitting in the driver’s seat of his truck. Villegas also noticed a rear window in the truck had been broken. Villegas got into the passenger side of the truck; Perez got out and went toward the back of the truck. Villegas then moved over to the driver’s side.
Before Villegas could start up his truck, Perez fired two gunshots, one striking the rear windshield and the other an adjacent cab panel. Villegas heard “thunder sounds” from the gun and felt “heat” behind his head. Villegas did not immediately realize the noise was from a gunshot.

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