Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching?

California, United States of America


The following excerpt is from People v. Diaz, F078005 (Cal. App. 2020):

opportunities to reconsider and change course and, accordingly, that the killing was premediated and deliberate. (See People v. Brady (2010) 50 Cal.4th 547, 564 [manner of killing sufficient to support finding of premeditation and deliberation where the defendant fired one shot at officer, got out of his car, shot the officer again in the back as the officer was retreating, and stood over the officer's prone body and fired a third shot].)

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