People v. Saenz CA1/2

BACKGROUND

Nathan, Leopoldo, and Jaime Garcia reside on the same property in San Bernadino. Garcia, who is Leopoldo’s nephew and Nathan’s cousin, lives in a trailer in the backyard. Nathan, who is Leopoldo’s son, is the subject of

1 We refer to Nathan and his father, Leopoldo Saenz, by their first

names to avoid confusion; we intend no disrespect.

1 two restraining orders2 requiring him to stay at least 100 yards away from the property and have no contact with Leopoldo and Garcia. However, Nathan would “break[] the lock” or “break the windows” to get into the house “when he just didn’t have anywhere to stay,” so Leopoldo would let Nathan stay in a converted bedroom in the garage. This meant Nathan lived at the house “practically” every day, “[e]ven though there’s a restraining order.” On May 15, 2024, Nathan and Leopoldo had an argument at the house. Around 9:00 or 10:00 a.m., Leopoldo called Garcia for help, but Garcia said he could not assist until he finished work and told Leopoldo to call the police. Leopoldo did not call the police and instead waited for Garcia to return because his “lack of hearing and speech” makes it “always a problem for him to understand what they’re…