A state appeals court panel Tuesday upheld a man's conviction for murdering the owner of a sandwich shop in San Dimas during a robbery nearly a decade ago.
The three-justice panel from California's 2nd District Court of Appeal found that "no arguable issues exist" in the case of Sergey Gutsu, who is serving a life prison term without the possibility of parole for the June 2, 2015, killing of Pravin Patel, 62, outside his Quiznos sandwich shop at 1034 W. Arrow Highway.
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Jurors found Gutsu, now 33, guilty last year of first-degree murder and second-degree robbery, along with the special circumstance allegation that the murder was committed during the course of a robbery.
The jury also convicted Gutsu of two counts of assault with a semi- automatic firearm for pointing a gun at two customers at the business and telling Patel to give him the money or he would shoot them, according to the appellate court panel's ruling.
Gutsu "admitted to being involved" in Patel's slaying when he was interviewed in 2016 by Los Angeles County sheriff's detectives in Santa Rosa, where he was arrested in connection with the armed robbery of an armored car, authorities said then.
The appellate court panel noted in its opinion that ballistics analysis matched the gun recovered from Gutsu with a shell casing found outside the sandwich shop and that DNA evidence found on a water bottle from the business matched the defendant's DNA profile.
Detectives said shortly after the killing that a suspect approached the cashier's counter at Quiznos while brandishing a semi-automatic handgun and demanding money, and Patel gave him a bag containing an undisclosed amount of cash.
Patel then followed the robber outside, where he was shot during a brief struggle in the parking lot, according to the sheriff's department.
The victim -- who was taken to a hospital -- died that night from a gunshot wound to his abdomen, the medical examiner's office said.
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