 Appellant and the juvenile walked away. 
          A few minutes later, while Messimer was on his cell phone arranging for a tow,
appellant appeared behind him and shot at him as Messimer turned around.  Messimer
fell, but then got up and ran away from appellant.  Appellant chased Messimer and
shot at him again.  Messimer fled through some bushes toward an interstate road and
collapsed over a freeway retaining wall, where he died of two gunshot wounds.
          Appellant returned to the Bennigan’s parking lot and saw Ciaramitaro. 
Ciaramitaro was inside his own vehicle and trying to start it, but appellant approached
the vehicle and shot three or four times at him through the driver’s side window.  
After shattering the window, appellant reached into the car and shot Ciaramitaro in
the face. spread by Davison and Valadez, the police took appellant into custody
at his friend’s house.  Appellant had a black eye and some cuts inside his bottom lip
where his lip was forced against his braces.  The police then recovered appellant’s
gun after appellant showed them where he hid it.  At the police station, appellant
made a videotaped statement.  Appellant admitted shooting Messimer and
Ciaramitaro with the gun.Appellant testified in his defense at trial.  Appellant testified that he and the
juvenile were driving around at 4:00 or 5:00 in the morning and that he needed
money.  He broke into Messimer’s car to steal it, but the victims arrived while he was
trying to start the car.  Appellant testified that the victims beat him up with fists and
a baseball bat and