People v. Superior Court (DU)

Facts

On March 16, 1991, the Defendant was working at the Empire Liquor Market, one of two convenience stores owned and operated by the Defendant. On that day, the Defendant was working at Empire so that her son could work at the other store owned by the family because her son had recently been threatened by local gang members. The Defendant was waiting on two customers when Harlins entered the store. Harlins proceeded to the section of the store where juice was kept and she selected a bottle of orange juice, put it in her backpack and proceeded to the checkout. Although the orange juice was in Harlins’ backpack, it was partially visible. As Harlins approached the counter with two or three dollars in her hand, the Defendant called her a “bitch” and asked Harlins to pay for the juice. When Harlins responded “what juice?” the Defendant concluded that Harlins was attempting to shoplift. The Defendant began pulling on Harlan’s sweater in an attempt to retrieve the bottle of juice. As a result, the two women struggled and, eventually, Harlins ended up striking the Defendant twice in the eye with her fist. The Defendant fell to the ground and testified later that Harlins told her that she would be killed. Subsequently, the Defendant picked up a stool from behind the counter and threw it in the direction or Harlins, narrowly missing. After throwing the stool, the Defendant grabbed a .38 caliber revolver. Harlins put the juice back on the counter and proceeded to exit the store. However, as Harlins tried to exit the store, the Defendant shot her in the back of the head, killing her instantly.