People v. Rocha CA3

BACKGROUND

Rocha was charged with assault with a deadly weapon, a metal pole (Pen. Code, § 245, subd. (a)(1)),1 and assault with a stun gun or Taser (§ 244.5, subd. (b)). On the afternoon of April 7, 2023, Jason R. went to Rocha’s recreational vehicle (RV) to buy some drugs. Rocha went inside of his RV and came out with a Taser. Rocha accused Jason R. of stealing from him. Rocha next shot Jason R. in the leg with the Taser, but only one of the darts stuck in his leg. Jason R. backed up and fell down. Jason R. reported that Rocha armed himself with a steel pipe or aluminum fence post and hit him at least 10 times in the head and hand. Jason R. ran to his car and left. Rocha testified he was an acquaintance of Jason R., not his friend, and he did not agree to sell him drugs. Rocha admitted he accused Jason R. of stealing his money when Jason R. came to his RV. According to Rocha, Jason R. got really mad, “got his fists all up,” and took a fighting stance. Rocha pushed Jason R. down and shot him with the Taser as he was about to get up. After that, Rocha grabbed something he variously described as a “broom handle,” “a twig,” “a long stick,” or “a branch” and hit Jason R. on the side…