“The registered owner of the vehicle was in the rear passenger compartment doing work on the vehicle’s stereo system. Rivera and his accomplice pointed their guns at the vehicle owner and demanded his property. Rivera then got out of the vehicle and went into the vehicle owner’s apartment where Rivera pointed a gun at the occupants.
“Simultaneously, Rivera’s accomplice struck the owner in the head and pulled him out of the vehicle. A struggle ensued between the owner and the accomplice. During the struggle, the accomplice dropped his gun and the weapon was picked up by the vehicle owner. The accomplice fled the area on foot.
“Rivera exited the vehicle owner’s apartment and confronted the owner. Both the owner and Rivera began to run around the parking lot and behind other parked vehicles and both discharged their firearms. Rivera was struck but fled the scene. The vehicle owner was not struck by a bullet.”
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