P.

FACTS

Defendant and Ross Konkel were drinking at Badlands, a bar in Sacramento. Because of their rude and obnoxious behavior they were asked to leave and were escorted out of the bar by security guards Leroy Fisher and Juan Carlos Osoria. Outside the bar, a verbal confrontation occurred between defendant, Konkel and the guards. Defendant and Konkel left when one of the guards threatened to pepper spray them if they touched either guard. As defendant and Konkel were leaving, defendant found a cup containing liquid and threw it toward the guards, but it did not hit either of them. The guards chased defendant and Konkel off the property. A little later, defendant and Konkel returned to the bar‟s parking lot to get defendant‟s car. Defendant went to the driver‟s side of his car and Konkel to the passenger‟s side. As defendant was getting into his car, Fisher, came up behind defendant and tased him in the chest. Konkel came from the passenger‟s side and pushed Fisher away from defendant. Fisher then tased Konkel, knocking him to the ground. Defendant managed to get into the car, had trouble reaching over and opening the door for Konkel, and the car rolled slowly forward and over…