The People v. Garman CA4/1

Good Law
Court of Appeal of CaliforniaOctober 1, 2013D063178California703 words

Opinion

Opinion

Huffman, J.

STATEMENT OF FACTS

On October 20, 2011, 16-year-old Bryan K. and Victoria D., a 16-year-old female

friend, were at the home of their mutual friend Travis C., sometime around 8:00 or

9:00 p.m. Fifteen-year-old Travis lived with his mother, Diane C. Garman had been

Diane's boyfriend and had lived at the house for a couple of months. Garman had moved

out of the house prior to October 20.

The three teenagers were walking around the back yard of the house when Diane

told them to leave. About the same time a man ran up and struck Bryan on the eye with

an overhand strike, knocking him to the ground. The man had a shiny object in his hand,

which Bryan thought was a gun. The man, who was dressed in black and wearing a

"hoodie," ran away. Bryan suffered severe injury to his eye. The medical testimony

established Bryan will never be able to see with that eye.

2 Witness Olie Boughner was staying at the house in the front of the lot on the day

of the incident. He testified he had met Garman at the house and that he knew Garman

and his brothers.

Boughner testified that he observed Garman run onto the lot and strike Bryan in

the face. Boughner was only two feet away from…

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