People v. Bailey CA1/5
Opinion
Opinion
Burns, J.
BACKGROUND
A. On March 9, 2021, at around 6:45 in the morning, 75-year- old Pak Chung Ho left his condominium, on Jayne Avenue in Oakland, for a walk. He walked with a cane and was carrying his wallet and iPhone. Another person out walking on Jayne Avenue saw a yellow truck speed past Ho, stop briefly for the passenger and driver to switch seats, and then make a U-turn and drive back down Jayne Avenue towards Ho. The truck stopped near Ho. Then the witness saw a man get out of the truck, walk to Ho, and lunge for his cane. The witness was afraid, ran away, and did not see the remainder of what occurred between Ho and the man. After a few minutes, the witness called 911, returned to the scene, and found Ho lying on the ground. He was nonresponsive and bleeding from a wound on the right side of his head.
Surveillance video obtained from a nearby house identified the truck. The video further showed that, as the truck pulled up next to Ho, the truck’s passenger held his arm out the window, holding what appeared to be a firearm. The passenger then exited the truck, ripped something from Ho in a tugging motion, and punched Ho on the side of the head, knocking him to the sidewalk.