The People v. Melton CA3

FACTS

About 3:20 p.m. on August 18, 2006, Benjamin H. and Brandon B., who were walking on a bicycle path to Nord Avenue in Chico, were assaulted by five individuals. One of the individuals, later identified as 17-year-old defendant, wore a red bandanna on his head and brandished a handgun, stating, “„You know what the fuck this is‟” and “„[e]mpty your pockets,‟” chambering a round into the gun. Another individual hit Benjamin in the face. Benjamin was wrestled to the ground where another person kicked him several times. Brandon was “„blind-sided‟” and knocked unconscious by one of the individuals. Brandon fell to the ground where he was kicked in the head by the individuals. A wallet, cell phone, a lighter, and $6 was stolen from the victims. As the individuals fled, defendant fired the gun into the air. Brandon suffered a laceration and bruise on the back of his head. Brandon appeared to be intoxicated and was unable to recall the assault but knew his wallet and cell phone had been taken. He refused to be transported to the hospital. A police officer opined that Brandon had suffered a concussion. Benjamin had an abrasion under his left eye and some cuts to his legs. The police…