People v. Krystal CA4/1

STATEMENT OF FACTS.

Appellate counsel has provided a useful summary of the facts presented in the trial court. We will include that statement in this opinion to provide context for this appeal.

The Prosecution Case2 As a result of a car accident in 1990, David Lee is unable to walk. He regularly rides his low-riding hand bike, which is about three feet high, using his hands to pedal. On September 14, 2017, Lee was riding his hand bicycle at about 10 or 12 miles an hour in the middle bike lane, all the way to the right of the road, when a car hit him, pushing him about 10 feet. Lee was wearing a seat belt. The rear wheel of his bike was trashed and destroyed, which cost about $12,000 to repair. Officer Kyle Deluca saw damage to the right front corner of Krystal’s car and scrape marks along the right rear passenger door. Officer Deluca thought that the damage to Lee’s bicycle and Krystal’s car was consistent with the collision that witnesses described. Megan T. saw significant damage to the right passenger back area. Officer Deluca reviewed a video that was on Lee’s bicycle, aimed to the rear. It showed a dark model vehicle, matching the description of Krystal’s car, striking Lee…