People v. Rufo CA5

CourtCalifornia Court of Appeal
DecidedMarch 9, 2026
DocketF088008
StatusUnpublished

This text of People v. Rufo CA5 (People v. Rufo CA5) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rufo CA5, (Cal. Ct. App. 2026).

Opinion

Filed 3/9/26 P. v. Rufo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE, F088008 Plaintiff and Respondent, (Super. Ct. No. 21CR-05897A) v.

DOMINICK JEFFERY RUFO, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Merced County. Stephanie L. Jamieson, Judge. William W. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Amanda D. Cary and Ian Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- INTRODUCTION A jury convicted defendant Dominick Jeffery Rufo (defendant) of second degree murder (Pen. Code, § 187, subd. (a)) and found true an allegation he personally discharged a firearm that caused great bodily injury or death (id., § 12022.53, subd. (d)) after he shot someone in a diner following an altercation. (Undesignated statutory references are to the Penal Code.) The altercation involved the homicide victim, his wife, and his wife’s mother, Balinda, on one side, and the ex-wife of Balinda’s brother, Karen B., on the other side. Karen’s daughter, codefendant Brandy Bettencourt, and Bettencourt’s boyfriend, defendant Rufo, responded to the diner to help Karen. A video recording of the argument showed Bettencourt and defendant enter the diner, defendant pointing a laser-assisted gun at the victim, firing the gun three times at the victim when he stood up, apparently striking him in the abdomen, the chest and the head, killing him. During trial, defendant testified, in part, that the shooting was a “reaction more than a thought” and he was not “a hundred percent aware of the fact [he] was doing it.” The defense also introduced expert testimony on psychology in use-of-force situations. The trial court instructed the jury on first degree murder, second degree murder under actual and implied malice theories, and voluntary manslaughter under heat of passion and imperfect self-defense theories. The court dismissed the firearm enhancement in the interest of justice in light of mitigating factors including defendant’s lack of a prior criminal record and sentenced him to 15 years to life in prison. On appeal, defendant contends the trial court prejudicially erred in failing to instruct the jury, sua sponte, on involuntary manslaughter. He further contends the lack of such instruction violated his constitutional due process rights. We affirm the judgment.

2. FACTUAL AND PROCEDURAL BACKGROUND

Defendant and Brandy Bettencourt (Bettencourt)1 were charged with the murder of Jasper G.2 with malice aforethought (§ 187, subd. (a)). It was further alleged that defendant personally and intentionally discharged a firearm which caused great bodily injury and death to Jasper (§ 12022.53, subd. (d)). Before trial, defendant filed a trial brief detailing multiple motions in limine. He moved the court, in part, “to instruct the jury on lesser offenses including second-degree murder, voluntary manslaughter, and involuntary manslaughter.” The court reserved ruling on this motion. Defendant also filed a Trombetta/Youngblood motion on the grounds the People admitted the knife the victim, Jasper, wore on his hip at the time of the shooting was not collected as evidence; it was released to the decedent’s family. (See Arizona v. Youngblood (1988) 488 U.S. 51; California v. Trombetta (1984) 467 U.S. 479.) Defendant asserted, “This missing knife is exculpatory as an important part of the deadly force threat that [defendant] perceived when he encountered [Jasper] in the [diner].” He moved to dismiss the charges against him under the Trombetta/Youngblood doctrine or another appropriate remedy. The People responded that the release of the knife to the victim’s next of kin was not in bad faith and pursuant to Arizona v. Youngblood, supra, 488 U.S. 51, it did not create a due process violation. They also asserted there was sufficient proof of the knife’s size, nature, and existence through 35 photographs, and three video angles and there was no apparent exculpatory value. The knife at issue was ultimately produced and examined by defense counsel. The court held an Evidence Code section 402 hearing on the matter. The court concluded that law enforcement violated a

1 Bettencourt is not a party to this appeal. Bettencourt’s surname is shown as “Bettencourt-Costa” in some portions of the record. 2 Pursuant to California Rules of Court, rule 8.90, we refer to some persons by their first names. No disrespect is intended.

3. duty to preserve the knife, stating “in a case in which there’s an altercation, and one person ends up dead, the presence of weapons on the decedent is readily relevant.” It found the appropriate remedy was to permit full cross-examination about this knife and to give curative jury instructions regarding late discovery and the failure to preserve evidence. Prosecution Evidence On September 19, 2021, Balinda H., her daughter Tanya G., and Tanya’s husband, Jasper, went to have a drink at a diner in Hilmar, California. Upon entering the bar, they saw Karen B., Balinda’s brother’s ex-wife. Balinda denied having any problems with or animosity toward Karen but stated Tanya did not like Karen. She testified her group exchanged pleasantries with Karen and then sat down at the bar. Karen held her phone up and was telling the person she was video-chatting with the names of Jasper, Balinda, and Tanya. Tanya told Karen to “[s]top the drama.” (Boldface omitted.) Karen did not stop what she was doing, and she and Jasper began arguing. Jasper was loud and angry. He told Karen, “Shut the fuck up, bitch.” (Boldface omitted.) According to Balinda, Karen “just kept doing it all, being nasty,” “[j]ust harassing.” At some point, Jasper said, “Bring whoever the fuck you want down here. I’ll fight the whole bar.” (Boldface omitted.) The bartender told them to “[s]top arguing” but they did not. (Boldface omitted.) The bartender asked Karen to leave. Jasper then asked for the bill and said, “Let’s go.” Jasper walked to a table behind them. The door to the bar opened. Balinda saw Tanya throw a glass at the door. Then, Balinda heard two gunshots, but she did not know who was shooting. She saw Jasper fall to the ground and Tanya immediately went toward Karen. Tanya grabbed Karen by the hair and threw her to the floor. Balinda saw that Bettencourt had a gun and Balinda began wrestling her. According to Balinda, Bettencourt said, “Do you want to be next.” Tanya eventually let Karen get up and Karen

4. and Bettencourt left. Balinda testified Jasper had a knife on his hip that day, but he did not pull it out in any way or grab it. On September 19, 2021, Officer S. Machado with the Merced County Sheriff’s Office responded to the shooting at the diner. Upon entering the diner, Machado saw Jasper lying on his back in a puddle of blood. Jasper appeared to be dead; he had a “hole in his chest and in his head.” There was a knife in a sheath on Jasper’s hip. Machado could not recall if the knife was secured with a clasp but from looking at a picture, he thought it looked like there was a strap around the white handle. Detective L. Ortiz was the lead detective in this matter.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

California v. Trombetta
467 U.S. 479 (Supreme Court, 1984)
Arizona v. Youngblood
488 U.S. 51 (Supreme Court, 1989)
People v. Thomas
269 P.3d 1109 (California Supreme Court, 2012)
People v. Birks
960 P.2d 1073 (California Supreme Court, 1998)
People v. Breverman
960 P.2d 1094 (California Supreme Court, 1998)
People v. Waidla
996 P.2d 46 (California Supreme Court, 2000)
People v. Polley
147 Cal. App. 3d 1088 (California Court of Appeal, 1983)
People v. Ibarra
134 Cal. App. 3d 413 (California Court of Appeal, 1982)
People v. Glenn
229 Cal. App. 3d 1461 (California Court of Appeal, 1991)
People v. Gutierrez
52 P.3d 572 (California Supreme Court, 2002)
People v. Elliot
122 P.3d 968 (California Supreme Court, 2005)
People v. Moon
117 P.3d 591 (California Supreme Court, 2005)
People v. Beatrice Bros.
236 Cal. App. 4th 24 (California Court of Appeal, 2015)
People v. Lopez
462 P.3d 499 (California Supreme Court, 2020)
People v. Blakeley
23 Cal. 4th 82 (California Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
People v. Rufo CA5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rufo-ca5-calctapp-2026.