Death penalty possible in fatal Peninsula shooting

REDWOOD CITY » Prosecutors in San Mateo County are weighing whether to seek the death penalty against a 20-year-old South San Francisco man accused of fatally shooting two people outside a market in an unincorporated pocket of Daly City over the weekend.

Devin Kwai Ventura Lum is charged with two counts of murder, one count of attempted murder, one count of shooting at a vehicle and one count of assault with a semi-automatic weapon.

District Attorney Steve Wagstaffe said Lum is eligible for the death penalty because two people died in the shooting outside the Hillside Market at 1165 Hill- side Blvd. on Sunday night. Alternatively, prosecutors could ask the court to sentence Lum to life in prison without parole.

Also charged in the case is Dorian Duff- Guardado. The 23-year- old San Francisco resident is accused of driving Lumaway fromthe scene of the alleged shooting and could receive up to three years in state prison if convicted of being an accessory to murder, Wagstaffe said.

Wagstaffe said Lum got into a dispute with the victims after he and Duff-Guardado pulled into the market parking lot. Lum allegedly brandished a semi-automatic handgun and fired several rounds as Michael GarciaSalem, 22, of HalfMoon Bay approached him.

Garcia-Salem, who prose- cutors said was not armed, suffered a gunshot wound to his chest and later died at a hospital.

Another round hit 21-year- old San Francisco resident Vanessa Guillory, who was standing about 15 feet behind Garcia- Salem, Wagstaffe said. She was pronounced dead at the scene.

A third victim, who was standing behind Guillory, also was shot several times but survived.

Lum is being held without bail and Duff- Guardado remains in custody on $ 500,000 bail, Wagstaffe said. The defendants are scheduled to return to court Wednesday to enter pleas to the charges.