People v. Velasquez CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In early February 2024, Velasquez had recently moved into an independent living facility after being injured in a car accident. R.K. was another resident in the facility. The assault for which Velasquez was prosecuted occurred when R.K. and Velasquez got into an altercation in R.K.’s room. According to R.K., after he offered to give Velasquez some methamphetamine, Velasquez became angry because R.K. did not want him to smoke the methamphetamine in R.K.’s room. Velasquez took out a knife and cut R.K.’s neck underneath his chin. R.K. tried to defend himself by grabbing Velasquez’s arm, but Velasquez was still able to inflict three stab wounds to R.K.’s leg. The men then fought and wrestled until another

Unless otherwise indicated, all further statutory references are to the Penal Code. 2 resident of the facility broke up the fight. R.K. called 911 and was taken to a hospital with significant injuries, where he stayed for several days. R.K.’s roommate was present during the incident. He told police that he saw Velasquez take a knife from his pocket and stab R.K. in the leg and neck. At trial the roommate recanted that statement, claiming…