Woman Convicted in Slaying Over Dispute About Smoking

A woman who was ordered to stub out her cigarette after lighting up in a no-smoking section was convicted in the shotgun slaying of one of the restaurant patrons who complained.

Daphnye Luster, 22, was convicted Thursday of second-degree murder, assault with a deadly weapon and possessing a firearm.

Luster was with five children, including her 3-year-old daughter, at a Denny’s restaurant in San Pablo when she got into an argument with Rachelle Houston and four other women at another table because she was smoking in the nonsmoking section.

According to police reports, the group complained to the manager, who asked Luster to put out the cigarette.

Police said Luster left the restaurant but returned about 3 a.m. Sept. 25, armed with a shotgun and a crossbow.

Luster fired one shot at Houston’s car as she drove away, hitting her in the head.

Defense lawyer Stuart Hanlon argued that the gun went off accidentally and said Luster armed herself because she was afraid of the women.

Luster wept as the verdict was read. Hanlon declined comment.

Luster faces a prison sentence of 25 years to life. Sentencing was set for June 2.