People v. Pastran CA5

FACTS

On January 29, 2020, Ralph Vigil went to the Venice Motel room of his friend, J.N. They drank a couple beers together, and Vigil also had about “half a shot” of whiskey. After about 10 minutes, Vigil said he needed to go see somebody and would be right back. J.N. testified Vigil left without his bike, which remained with J.N. However, surveillance video showed Vigil getting on a bicycle upon leaving the room, with a bottle in his hand. Vigil’s friend E.Y. had been out collecting recyclables that day and was approaching Almond Street when he saw Vigil on his bicycle. He saw Vigil almost get hit by a car. Vigil had to pick up the front wheel of his bicycle to avoid being hit. Vigil got into an argument with someone in the car through the passenger-side window. The passenger, later identified as Andrade, told Vigil they could “solve the problem or fight it out.” Andrade told Vigil to “meet up at Venice.” Vigil told E.Y. to come with him. The car drove into the parking lot of the Venice Motel. Vigil approached the car saying things like, “let’s fight” and “let’s handle it.” Vigil never threatened to kill Andrade, and had no weapons or other items in his hands. E.Y. got his…