People v. Kankel CA1/3

BACKGROUND

One night in April 2022, Doe went to an acquaintance’s house to obtain synthetic urine to use for a scheduled drug test. When there, Doe encountered Kankel. He offered Doe some drugs, which Doe declined.

1 Kankel pulled a small, metal container containing drugs from his pocket. Doe recognized the container and believed it belonged to him — he had lost it a few days prior. Doe accused Kankel of stealing the container and snatched it out of his hand. Kankel pulled out a knife. They continued to argue about the container. Doe saw Kankel’s arm moving toward him, and he shielded himself with his hands. Kankel, on the other hand, believed Doe grabbed him and tried to shake him off balance. Although Doe was able to block several of Kankel’s attempts to stab him, Doe ultimately sustained several stab wounds to his hand, wrist, chest, and lung. He tried to back away from Kankel, but Kankel kept pursuing him. Doe yelled, “ ‘Help, I’m getting stabbed,’ ” at which point Kankel said, “ ‘Oh, stop attacking me, dude. I’m defending myself.’ ” Doe managed to get into his car and drive himself to the hospital. The district attorney charged Kankel with attempted murder (§§ 187, subd.…