The People v. Palomera CA2/6

STATEMENT OF FACTS

On August 20, 2011, video surveillance cameras recorded appellant punching Jerry Sebring in the head at the Fifth Street Metro Station in Long Beach. The video, which was played for the jury, depicts Sebring as he walked toward the edge of the platform, which is about four feet above the train tracks. When Sebring turned toward appellant and began talking to him, appellant walked over and punched Sebring in the face, knocking him off the platform and onto the train tracks below. The entire confrontation took less than 15 seconds. Sebring is then seen lying motionless on the tracks for over two minutes. Sebring was roused when a group of bystanders surrounded him. One of the bystanders appears to have told Sebring to stay down, and Sebring complied. Sebring required assistance to stand up when the paramedics arrived a few minutes later. Sebring was placed in a neck collar, strapped to a backboard, and transported to the hospital by ambulance. Dr. Brian Fong, the emergency room physician who treated Sebring, testified that the hospital had received a call from the paramedics stating "that they were bringing a patient that was pushed over, fell off of a train…