People v. Howell CA3

BACKGROUND

On January 27, 2022, the People filed a criminal complaint charging defendant with assault by means likely to cause great bodily injury (Pen. Code,1 § 245, subd. (a)(4); count I) with a great bodily injury enhancement (§ 12022.7, subd. (a)) and two counts of misdemeanor battery (§ 242; counts II & III). The Preliminary Hearing and Information The trial court held a preliminary hearing on October 14, 2022. The People presented evidence that Anthony A. was at the bar he owns on December 8, 2021, when a disturbance broke out. He heard something and saw defendant take three swings at Ryan B., missing each time. Anthony A. stepped between the men, told defendant to “knock it off,” and grabbed defendant. In response, defendant grabbed Anthony A.’s shoulders and threw him, causing him to fall to the ground and lose consciousness. Anthony A. was transported to the hospital where a CAT (computerized axial tomography) scan was performed, and he received staples to the back of his head. Judy J. was at the bar on the night in question and witnessed a disturbance. She first heard defendant call Ryan B. a “bad ass,” and Ryan B. responded that defendant did not know him. She then…