P.

STATEMENT OF FACTS

On the night of November 9, 2010, cousins Alex Cauich-Dzul and Jose Omar Cauich went to the Nite Cap Bar in San Francisco‘s Tenderloin District.1 Alex and Omar are Mexican nationals. Alex testified that he left the bar and was standing on the sidewalk waiting for Omar when someone came up to him and punched him in the face. A second punch landed immediately after the first, and he lost consciousness and fell to the ground. Omar looked out the bar‘s window to see Alex on the ground being punched and kicked by five White men. Omar ran from the bar, beer bottle in hand, to defend his cousin and was himself punched and kicked by the men. A neighborhood resident saw the group confront Omar. The witness heard someone in the group of White men yell, ―why don‘t you run across the street, you fucking spics, like you run across the border.‖ One of the White men then punched Omar. Another man took the beer bottle from Omar‘s hand and hit him on the head with it. Omar fell to the ground. The White men ―kicked . . . stomped and punched‖ Omar ―for a long period of time‖ while yelling ―White power‖ and ―fucking spics.‖ The police arrived on the scene in a patrol car with…